1IL 



iillilS 

m&MSm 

■ ■■■■■''■■■."■■.'■■:■ 
'■'■;''■■''■■■'■•■ 

" Mi 

IB 



Mm 

mm- 




Gass. 
Book. 



THE 



GOVERNMENTAL HISTORY 



OF 



THE UNITED STATES OF AMERICA, 



FROM THE EARLIEST SETTLEMENT 

TO THE 

ADOPTION OF THE PRESENT FEDERAL CONSTITUTION. 
IN FOUR, PARTS. 



BY HENRY SHERMAN, 



LOK AT LAW. 



Author of "Sherman's Marino Insurance." "Slavery in the United States, 
its national recognition and relations." Etc. 



Felix qui potuit rcrwn cognoacere causas. — Virgil. 



HARTFORD 

M.DCCC.LX. 






Entered according to the Act of Congress, in the year 1860, by 

HENRY SHERMAN* 

In the office of the clerk of the District Court of the United States for the 

District of Connecticut. 






CASE, LOCKTVOOD AND CO., 

PRINTERS. 



TO 
TIIE MEMORY OF 

JOSIAH SHEBMAN, 

(LATE OF ALBANY, N. Y., DEC'D,) 
FOR THE RICH LEGACY OF A GOOD EXAMPLE IX HIS OWN LIFE AND CHARACTER: 

TO 

MRS. JOSIAH SHERMAN, 

TO HER 'WHOSE AFFECTION NURSED .MY INFANCY WITH SO MUCH TENDERNESS ; DISCI- 
PLINED MY BOYHOOD WITH SO MUCH PRUDENCE J EDUCATED MY YOUTH WITH SO 
MUCH DISCRETION; WHO, IN HER WIDOWHOOD, GUIDED MY ADVANCING 
YEARS WITH SO MUCH WISDOM ; AND WHO STILL LIVES, IN THE 
VIGOR OF A SOUND JUDGMENT, AND WITH TIIE RIPENED 
EXPERIENCE AND PIETY OF MORE THAN FOUR- 
SCORE YEARS, TO COUNSEL MY" MATURER LIFE : 

THIS VOLUME IS INSCRIBED, AS A GRATEFUL, AFFECTIONATE, AND ENDURING 

EXPRESSION OF FILIAL OBLIGATION, BY 

THEIR SON, 

THE AUTHOR. 



PEEFACE. 



The proud position which the Republic of the United States of 
America now holds in the scale of nations, and the powerful influences 
which are emanating from them, make the history of our government 
and institutions a subject of great interest and importance to mankind in 
general, but more especially to those who may in any wise be entrusted 
with their direction and control. In preparing this work for the press, 
my design has been to place within the reach of every citizen and inhab- 
itant of this country, whether native or fi»reign-born, a plain and simple 
history of their origin, together with the causes which have given to 
them their peculiar and characteristic qualities of freedom, sovereignty, 
and independence. 

It is impossible for the mind of man to fix a limit to the further 
extension of our national domain, or to the advancement of this great 
and still growing people, in all the enterprises and arts which contribute 
to the improvement of society ; the sciences which expand and liberalize 
the human mind; or in the further development of those fundamental 
principles of civil and religious liberty, which are destined, in their 
ultimate maturity, to harmonize and happify the world. 

It is essential that those who are hereafter to possess so magnificent a 
heritage of birthright or of citizenship, should be thoroughly prepared for 
the momentous and interesting duties which it may devolve upon them. 
To be useful to his country and to his race ; to preserve and conduct to 
a more perfect maturity, a system of government so wisely planned, and 
institutions of freedom so well founded, the citizen of these United States 
should be well acquainted with their governmental history, from their 
earliest origin. He should be familiar with the causes which led to the 
planting of the first settlements made by our forefathers in America; 
which transformed those settlements into municipal communities, those 
communities into larger political bodies, and these bodies into incorporated 



VI PREFACE. 

colonies ; and -which, in fine, elevated these colonies to the position of 
free, independent, and sovereign states. He should further understand 
how it was that these states became united in a permanent confederacy ; 
what causes dissolved this confederacy, and led again to their more 
perfect, perpetual, and felicitous union under the present Federal Con- 
stitution. 

In looking over our libraries, I found no work calculated particularly 
to aid the enquirer in making these acquisitions ; while those whence 
alone this information could be gathered, were either too voluminous or 
too rare, too ponderous or too expensive, to fall into the hands of the 
mass of readers. This volume has been prepared, during the intervals 
of leisure from professional avocations, with a view to supply this defi- 
ciency. In compiling it, I am aware that I have entered upon an entirely 
new field of historical research. Others have directed their investiga- 
tions, and employed their labors, to elucidate our Civil, our Political, our 
Military, and our Naval histories, and made the multitude of readers 
and students sufficiently familiar with these departments of our national 
annals. But no one, that I am aware, has yet attempted to trace out 
distinctly to their source and origin, or through the various phases of 
their development, the peculiar and essential elements of freedom which 
have given birth to our own peculiar Federal, State, and Municipal 
systems and forms of government and administration. Hence the diffi- 
culties and embarrassments which have attended the completion of this 
work. A work so novel in its character and aim, and so necessarily 
comprehensive in its detail, must also of necessity be somewhat wanting 
in completeness. Yet I trust it is not so much so as materially to impair 
its value or depreciate its utility, to all classes of men. It is, as I may 
say, in some sort autoi-biographical. The early adventurers speak from 
their own records, and tell their own story of the experience and growth 
of their plantations, and in their own way. The people, in their 
primary gatherings and their occasional conventions ; the colonies, by 
their charters and their proclamations, by the resolutions of their legis- 
lative assemblies and by their legal enactments, make their own record. 
The colonial congress, by its manifestoes, associations, resolutions, 
petitions, and addresses ; the revolutionary congress, by its state papers, 
its confederacies, and its ordinances ; and, finally, the Federated States, 
by their own free and independent assumptions of power, and by their 
proclamations and edicts ; all have contributed their own records to eke 
out this their governmental history. While, on the other hand, the crown, 
the cabinet, the parliament, and the people of Great Britain, are also 
allowed to speak to their own side of the controversy which resulted in 
our severance from that kingdom. 



PREFACE. VU 



The reader will find a complete table of contents on every page of the 
work. The general title at the top ; underneath this, a more particular 
index ; and commencing and running through each marginal column, a 
special index and references : all which will render his study of it at 
once easy and intelligent. 

Such are the aims and plan of the work. Such the materials from 
which it is wrought, and of which it is mostly composed. Such as it is, 
it is now submitted to the candid and impartial judgment of the people 
and the press, of the statesman and thfe jurist, of the teacher and the 
student. If it shall have the effect to promote a more familiar acquaint- 
ance with, and comprehension of, the origin and nature of our free 
governments and institutions, and a more ardent devotion to those essen- 
tial elements of religious faith and civil freedom which are the basis of 
our existence and prosperity as a Sovereign Republic ; if it shall serve 
to inspire a more general and abiding reverence for the paramount 
importance, and the supremacy, of our Federal Constitution, and to 
secure and perpetuate in its original affection and harmony, the fra- 
ternity of our National Union, it will not have been elaborated in 
vain. 

HENRY SHERMAN. 

Hartford, Conn January 2d, 1860. 



CONTENTS. 



PART I. — The Governmental History or the First Grand Division op the 
Continent of North America, called the First Colony of Virginia, South 
Virginia, or Virginia; to the Revolution of 1688 in England. 
Introduction. Theory and speculations of Christopher Columbus. His nego- 
tiations for patronage. His voyages. Interest of England in his speculations and 
adventures. Voyages of Cabot. Discovery of the Continent of North America. 
Title and interest of England in. Grant of Pope Alexander VI., to Ferdinand and 
Isabella. Title of England relinquished by Henry Vn. Early attempts to settle the 
country. Why called Virginia. Condition of at the decease of Elizabeth. Division 
and designation of by James I. Charter of James I., creating the First and Sec- 
i ond Colony. Instructions and government under this charter. Character of the 
charter and instructions. Expeditions and settlements under the First Colony. 
Second and separate charter of James I. to the First Colony, or London Company. 
Enlargement of the corporation. Government under it. Third and separate char- 
ter of James I, to the First Colony or London Company. Advantages of the First 
over the Second Colony. The government under the third charter. Developments 
of protestantism in England and Virginia. Ordinance and instructions of the Lon- 
don Company establishing a colonial government in Virginia. Organization under 
the Company's constitution. Compared with New England. Relations with the 
Indian tribes. Colonial acts establishing the local administration. Puritanism in 
England and Virginia. Dissolution of the London Company by the crown. Death 
of James I. Its effect in Virginia. Accession of Charles I. State of the king- 
dom. Colonial policy of Charles I. Condition of Virginia. She becomes a royal 
colony. Royalty of her administration ; its monarchical features ; its conservative 
elements. Progress of protestantism in England. Its effect upon the colonial 
policy of the crown. Attempt to revive the London Company. Remonstrance of 
Virginia. Address of the colonial assembly to the people. The civil war in Eng- 
land. Provisional enactments by the colonial assembly. Execution of Charles I. 
Its effect on the political condition of the colonies. How received in Virginia. 
Public enactments thereupon. Establishment of the Commonwealth in England. 
Virginia and the commonwealth. Arrival of commissioners of parliament in Vir- 
ginia. Virginia surrenders to the commonwealth. Articles of surrender. Procla- 
mation by the commissioners of parliament. Organization of a provisional colo- 
nial government. Virginia under the commonwealth. Controversy between the 
house of burgesses and the governor and council. Progress of the controversy. 
The burgesses triumphant. They claim supreme power in the colony. Proclamation 
thereof. Re-organization of the colonial state council by the burgesses. Death of 



CONTENTS. 



Cromwell. Letter from the State Council of parliament to Virginia thereupon. 
Succession of Richard Cromwell. Acknowledged by Virginia. Abdication of 
Richard Cromwell. How received in Virginia. The supreme power assumed by 
the grand assembly of the colony. Re-organization of the colonial state council. 
Restoration of Charles II. How received in Virginia. Revision of colonial laws 
by the assembly. Virginia during the reign of Charles II. Her characteristic 
qualities and policy of government. Population and condition at the Restoration- 
Governor Berkeley's report to the Lords commissioners, 1671. Grant of Virginia to 
Lords Arlington and Culpeper by Charles II. Proceedings of the colonial assembly 
thereupon. Remonstrance and address to the king. Propositions for a new char- 
ter. How received in England. Action of the king in council upon it. Bacon's 
Rebellion in Virginia. Application for a new charter defeated thereby. Further 
negotiations. Charter granted. The new charter. Grant to Lords Arlington and 
Culpeper surrendered back to the crown. Proclamation of the king to the colony 
thereupon. Political developments of the controversy. Government under the new 
charter. Virginia and New England compared. The protestantism of the English 
Revolution. Its elements of freedom. Conclusion of Part I. Page 13. 

PART n. —The Governmental History of the second Grand Division op the 
Continent, called the Second Colony of Virginia, North Virginia, or New 
England, to the Revolution of 1688 in England. 

The Second Colony of Virginia, or the Plymouth Company. Its transactions. 
New England. Causes which led to its settlement. Origin and nature of Roman- 
ism. Supremacy of the pope in the sixteenth century. Origin and nature of Pro- 
testantism. The reformation inaugurated by Luther. Its progress in Europe. In 
England. Controversy between Henry VIII. and Luther. Commended and re- 
warded by the pope. Effect upon the king. Controversy between Henry VIII. 
and the pope. The pope's supremacy repudiated. Supremacy of the crown estab- 
lished by law. Protestantism and the crown's supremacy. Protestantism and the 
Bible. The reformation under Edward VI. Succession of Mary. Her character 
and reign. The reformation on the accession of Elizabeth. Under Elizabeth. 
Policy of Elizabeth. The Church of England established. The crown's supremacy 
and protestantism. Parties originated by it. Parties among the reformers. The 
Brownists. Their tenets. Treatment of by Elizabeth. James I., and the reform- 
ation. Persecution of the Brownists. Their flight to Holland. Their organization 
at Leyden. Application to the Plymouth Company for a grant of land, 1618. 
How discouraged. Second application, 1620. Their removal to America. Plant- 
ing of New Plymouth in New England. Compact of government. Further arri- 
vals from Lcydcn. Condition of the colonists. Incorporated with Massachusetts 
Bay. Oric/in of the colony of Massachusetts Bay. Origin of the sect called Puri- 
tans. Distinction between the Puritans and Brownists. Protestant parties of 
the reformation in England. Political elements of puritanism. James I., and the 
Puritans. They propose to go to New England. Patent of James I., creating the 
Grand Council at Plymouth. Failure of this patent. Death of James I., and suc- 
cession of Charles I. Grant from the grand council at Plymouth to the Puritans. 
Settlement of Salem in New England. Elements in puritanism favorable to its 
growth as a political party. Increased by persecution. 

Incorporation of the Massachusetts Bay Company by the crown. Aims of the 
company. General provisions of the patent. Controversy of historians as to the 



CONTENTS. XI 



motives of the grant. The real motive. Organization of the company in London. 
Ordinance for its government. Plantations of. The Massachusetts Bay Company's 
plantations and New Plymouth. Their religious differences. Their fraternization. 
Banishment of adventurers, and action of the company thereupon. Political elements 
developed thereby. Condition of the colony. Further of the aims of the com- 
pany. Political developments of puritanisrn in England. Oppressions of Charles I. 
favorable to the growth of the Puritan party. The Massachusetts Bay company 
propose to remove their charter and government to England. Progress of the dis- 
cussion. Resolution of transfer passed. Re-organization of the government in 
anticipation. Arrival of the company and charter in New England. The Compa- 
ny and colony of Massachusetts Bay in New England. Organization of the colo- 
nial government. Political developments under it. Religious differences in the 
colony. Revision of colonial laws. Success of the colony how regarded in Eng- 
land. Interdict of the crown against emigration. Its political aspects and results. 
Quo Warranto against the Massachusetts Bay company. Its charter declared for- 
feited. Commissioners of the crown demand its surrender. Action of the gcueral 
court. Gov. Winthrop's letter in reply. Position of the colony. Suspension of 
the regal power by the execution of Charles I. The Commonwealth. Its influence 
upon the progresss of freedom in America. Restoration of the monarchy under 
Charles II. How received in the colonies in America. The plague, and the great 
fire in London. How favorable to freedom. Massachusetts Bay and the Naviga- 
tion Acts. Controversy about. Death of Charles II. and succession of James II. 
The revolution in England. Establishment of the protestant succession under Wil- 
liam and Mary. America, how affected by it. 

Origin of the Colony of Connecticut. Commission to John Winthrop and 
others from Lord Sey and Seale, etc. His adventure. Trading forts on the Con- 
necticut River. Planting of Saybrook. Protestantism among the Puritans in New 
England. Religious differences in Massachusetts Bay. Arrival of Thomas. Hooker 
and others in Massachusetts Bay. They propose to move to Connecticut. Hearing 
before the general court on the proposition. The controversy. Its political devel- 
opments. Ultimate decision. Removal of Mr. Hooker and others to the Connec- 
ticut River. Settlement of Hartford, etc. Commission of Massachusetts Bay for 
the government of Connecticut. Its political aspects. Compact of government 
of the colony of Connecticut. Its political aspects. General remarks. 

Origin of the Colony of New Haven. Arrival of Mr. Davenport and others 
at Boston. How received. Departure of for the Connecticut. Planting of New 
Haven. Organization of the colonial government. The compact. Developments 
of protestantism. Peculiarity in the origin and growth of the two colonies. The 
restoration of Charles II. Connecticut's petition for a charter from the crown. 
Negotiations for the charter. Issuing of the charter. Character of the charter. 
How received by New Haven. Controversy between the two colonies. Their 
union under it. Further history. 

Tnr. Colony of Rhode Island. Origin of the colony. Roger Williams. His 
tenets. Trial before the general court of Massachusetts Bay. His banishment. 
Political elements of his creed. His departure. Influence of his opinions in 
Massachusetts Bay. Planting of Providence. Political characteristics of its 
settlement. Mrs. Hutchinson's "heresies" in Massachusetts Bay. Her trial and 
banishment. Settlement of Portsmouth and Newport. Condition of the colony. 
Application of Roger Williams for a charter. Ordinance of parliament thereupon. 



Xll CONTENTS. 



Charter of incorporation. Political developments. Organization of the colony 
under it. On the Restoration of Charles II. Relations of Rhode Island with the 
other New England colonies. Negotiation for a charter from the crown. Com- 
mission therefor. Petitions and negotiation. Policy of the general court ; their 
allegiance to the commonwealth ; to Richard Cromwell ; to Parliament. Action 
upon the restoration. Allegiance to the crown. Character of the charter prayed 
for. The experiment in Rhode Island. The charter procured. Its political ele- 
ments. How received in the colony. The true value of colonial charters. Relig- 
ious freedom in Rhode Island. Charges of persecution against considered. Tri- 
umph of Protestantism in England. Condition and relations of the New England 
colonies from this period. Conclusion of Part II. Page 197. 

PART III. — The Governmental History of the Anglo-American Colonies, 
from the Accession of William and Mary to the Declaration of their 

Independence. 

Origin and designation of the several colonies. New York. New Jersey. Penn- 
sylvania. Delaware. Maryland. The Carolinas. Georgia. New Hampshire. Their 
organic differences. Their organic similitudes. Religion, intercourse, and relations 
with each other. Relations and allegiance to England at the close of the French 
War. The Peace of 1763. Colonial policy of England. Origin and causes of the 
Revolution. TJie revenue system of taxation. How regarded in America. Its 
enforcement under the Stamp Act. Its reception in the Colonies. Opinion of 
Washington upon. A general Colonial Union recommended. The Colonial Con- 
gress in New York, 1765. Its proceedings. Declaration of Rights by. Publica- 
tion of its proceedings. Colonial and popular demonstrations against the Stamp 
Act. Examination of Dr. Franklin in the House of Commons. Speech of Mr. 
Pitt upon American taxation. Repeal of the Stamp Act. News of how received 
in America. Opinion of Washington upon. The Declaratory Act. Its effect in 
America. Complications of the Ministry. Tlte commercial system of taxation. 
Duties on commercial importations, 1767. Opposition to in America. New mode 
of enforcing submission. A voice from Virginia. Circular letter of Mass. Bay to 
the colonies on public affairs. Opinion of Washington on the times and measures 
of resistance. Of George Mason. Non-Importation Association of the colonies. 
Lord Hillsborough's Circular Letter to the colonies. Its effect in America. Repeal 
of the Duty Act. Reserved duty upon tea. Junius on the measures of Ministry. 
Sir Edmund Burke do. Effect of the Repeal in America. The tea duty. Act of 
parliament for its further imposition. East India Company's shipments of tea to 
America. How received at Boston. Destruction of the tea. Shipments of the 
Co., how received in other ports. General Assembly of Mass. Bay on the tea duty. 
Proceedings in parliament. Message of the King. Debate in the House of Com- 
mons on the "Boston outrage." Lord North's motion for an address to the King. 
Proposes the Boston Port Bill. Debate upon. Passage of the Bill. Other Bills. 
Debate upon. Motion to repeal the tea duty, and debate upon. The Quartering 
Act. The Quebec Bill, etc. Speech of Lord Chatham in opposition to. General 
provisions of these Acts. Their reception in America. A general congress sug- 
gested. Op'n'ons of Washington. The colonial congress of 1774. Its organiza- 
tion. Resolutions, &c, in reference to Mass. Bay. Letter to General Gage. Dec- 
laration of Rights. Measures of redress. Articles of non-importation, non-con- 



CONTENTS. Xlll 



sumption, and non-exportation, adopted by the congress. Address to the King. 
To the people of Great Britain. To the inhabitants of the colonies. To the inhab- 
itants of Quebec. Resolution recommending a congress in May, 17*75. Letters to 
the colonies of St. Johns, etc. To the American agents in London. Capt. Mack- 
enzie to Gen. Washington. Washington in reply. John Dickinson to Arthur Lee 
on the adjournment of the congress. Posture of affairs in America. In England. 
The proceedings of the congress laid before parliament. Reception of the address 
to the King. Lord Chatham's motion to recall the troops from Boston. Debate 
upon. Lord North moves an address to the King, declaring Mass. Bay in rebellion. 
Debate upon. Motion carried. The Address. Protest of the Opposition. The 
King's answer to the address of the House. The crisis in American affairs. Con- 
flict at Lexington and Concord. The colonial union in the congress at Philadel- 
phia, May, 1775. Recognition of protestantism. Resolution recommending a gen- 
eral fast. Bill for raising and supporting an army. Formation of the army of 
the united colonies. Choice of commander-in-chief. Election of Washington. 
His acceptance of the appointment. His commission and instructions. Election 
of other officers. The congressional government. Manifesto upon taking up 
arms. Object of the colonial union. Petition to the King. Address to the inhab- 
itants of Great Britain. Letter to the Lord Mayor of London, etc. To the colo- 
nial agents. Articles for a colonial confederation submitted by Dr. Franklin. 
Address of the congress to the Assembly of Jamaica. To the people of Ireland. 
The compact of union proposed by Dr. Franklin. Plan of Accommodation pro- 
posed by parliament to the colonial assemblies. Referred to the congress. Opin- 
ion of the congress upon it. Construction of the non-exportation compact. Ad- 
journment of the congress. Examination of Governor Richard Penn in the House 
of Lords, on presentation of the petition of this congress to the King. Motion 
thereupon, and. debate. The congress of Sept. 5th, 1775. Resolution of secrecy. 
Position of the colonies. Of the congress. Transition period in their govern- 
mental history. Independence in the congress. Letter of General Lee to Richard 
Henry Lee on independence. Resolutions of independence. The Declaration of 
independence. The men of 1776. Conclusion of Part III. Page 365. 

PART IV. — The Governmental History op the thirteen Anglo-American 
Colonies from their union under the Declaration op Independence, to the 
adoption, op the present Constitution. 

The Revolutionary Union of the Colonies under the Declaration of Independence. 
Protestantism and the Declaration of Independence. Triumphs of Protestantism 
in England. In America. Effect of the Declaration of Independence upon the 
political condition and relations of the colonies. Necessity of a new government. 
Committee appointed to draft a form of confederation between the colonies, June 
11,1776. First report of the committee, July 12th. The proposed plan. Second 
report of the committee, August 20th. Adopted by the congress. The proposed 
articles of confederation. Reference of, to the states by the congress. Circular 
letter of the congress to the colonies upon, Nov. 17th. Copies ordered for the 
states. To be translated into the French language. Treaties of alliance, etc., 
with France, Feb. 6th, 1778. Action of the congress upon, May 4th. Effect of. 
Committee upon, and form of ratification adopted by the congress. The treaty of 
amity and commerce. The treaty of alliance eventual and defensive. Address of 
the congress to the inhabitants of the U. S. A., upon public affairs, May, 1778. 



XIV CONTENTS. 



Arrival of peace commissioners from England, June 4th. Their reception by the 
congress. The theory of government of the united colonies. The colonial union 
under the martial manifesto. Colonial or state sovereignty. Action of the states 
upon the proposed confederation. The articles of confederation in the congress, 
1777-81. Powers of delegates to ratify the same. Reports from the several colo- 
nies, June, 1778. Report from Maryland. From New Hampshire. Massachusetts. 
Rhode Island. New York. New Jersey. Pennsylvania. Virginia. South Caro- 
lina. Georgia. Committee appointed to prepare a form of ratification. Report of 
the committee. Adopted June, 1778. Ordered engrossed with the articles of con- 
federation. Signing of the same by the delegates of eight of the colonies. Reso- 
lution thereupon. Circular letter of the congress to the colonies whose delegates 
had not ratified it. Report and ratification by the delegates from Georgia, July, 

1778. From North Carolina. Further report by the delegates from New Jersey, 
Nov. 1778. Constitutional recognitions of protestantism by the congress. Reso- 
lution for a general thanksgiving. Proclamation. Report on the confederation by 
the delegates from Delaware, Feb. 17*79. Ratification of by. Resolution for a 
general fast by the congress. Proclamation. Its political developments. Further 
report on the confederation by the delegates from Virginia, May, 1779. Proposes 
to ratify with any number of states. Second report by the delegates from Mary- 
land, May, 1779. Claims to crown lands. Further report from Connecticut, May, 

1779. Proposes to ratify with eleven other states. Second address of the con- 
gress to the inhabitants of the U. S. A., on public affairs, May, 1779. The crisis of 
the confederation. The compact of independence and the proposed confederation. 
Hostility of ministry to the proposed confederation. Circular letter of the con- 
gress to their constituents on public affairs, Sept. 13th, 1779. Characteristics of 
the statesmen of the revolution. Proclamation for a public thanksgiving by the 
congress, Oct. 20th, 1779. Complications of the proposed confederation. Contro- 
versy about the crown lands. Public sale of lands advertised by Virginia. Re- 
monstrance against in the congress. Action of the congress upon. Report upon, 
Oct. 29th, 1779. Controversy between Pennsylvania and Virginia about lands. 
Resolution of the congress upon. Mediatory act of New York to accelerate the 
federal alliance, Feb. 19th, 1780. Proceedings in the congress upon, Sept. 1780. 
Appeal to the states. To Maryland. Effect of the appeal. Third report by the 
delegates from Maryland, Feb. 1781. Ratification of the confederation by. Final 
ratification by all of the states, March 1st, 1781. Effect of on their independency. 

The permanent union under the confederation. American independency in Great 
Britain, 1777-82. Debate in the House of Lords upon the war, Nov. 1777. On 
the war and the alliance with France, March, 1778. Motion for an address to the 
crown advising a withdrawal of the royal forces from America. Debate upon. 
Debate closed by the sudden illness of Lord Chatham. Renewal of the debate on 
the war, House of Commons, Nov. 1778. The king's address. Motion of thanks 
by Mr. Grenville. Debate upon. Opening of parliament, Nov. session, 1781. 
The king's address. House of Lords. Earl of Shelburne moves an address of 
thanks to the king. The proposed address. Debate upon. Defeat of Lord Corn- 
wallis' army. Debate upon in the House of Lords, Feb. 1782. Motion of inquiry 
in relation to. Debate upon. The result. General Conway's motion for an ad- 
dress to the crown to discontinue the war, House of Commons, Feb. 1782. De- 
bate upon. Question on the motion. Renewal of the motion and debate, Feb. 
27th. Proposed bill for peace by ministry. Reply of the crown to the address of 



CONTENTS. XV 



the House. Motion of thanks and debate upon. General Conway's proposition for 
peace with America. Debate and resolution upon. The attorney-general's bill for 
peace, March 5th, 1782. Debate upon. The crisis and the people. Popular cry 
for peace. Lord Cavendish's resolutions of censure on the ministry. Debate upon, 
March 8th. Sir John Rous' motion against the ministry. Debate upon, March 15th. 
Debate upon the removal of the ministry, March 20th. Lord North announces the 
removal of ministry. Debate thereupon, March 25th. Change in the ministry an- 
nounced by Mr. Dunning. Motion deferred. Debate on the removal of the minis- 
try, in the House of Lords, March 22d to 25th. Change in the ministry. The new 
cabinet. The basis of its construction. Policy of the new administration. Em- 
barrassments of. Changes in. The urgent necessity of peace with America con- 
ceded. Admission of American independency compelled by the voice of the nation. 
Resolved upon July 10th, 1782. Negotiations for peace. Provisionary articles of 
peace, Nov. 1782. Preliminary articles between England and France. Between 
England and Spain. Ratifications and exchanges. Proceedings in the U. S. A. 
Proclamation for a cessation of arms by congress, April, 1783. Washington 
invited to an audience with the congress, August, 1783. Address of the president 
to Washington. Washington's reply. The definitive treaty of peace between 
Great Britain and the U. S. A., Sept. 1783. Termination of the revolution. Proc- 
lamation for a public thanksgiving by the congress. Proclamation disbanding the 
army, Oct. 18th. Washington surrenders his commission back to congress, Dec. 
23d. His address. The president's reply. Ratification of the definitive treaty by 
the congress, Jan, 14th, 1784. Proclamation thereupon. Accompanying recom- 
mendation to the states. Provision for a federal town. The compact op the con- 
federation. Defects of. Causes of its inefficiency. Colonial independence and 
state sovereignty. Mutual dependence of the colonies. The New England confed- 
eration, 1643. Plan for a general union of the colonies in 1754. Mutual depend- 
ence of the colonies necessitated their union. The compact of independence. 
Necessity of a national sovereignty. Further on the defects of the confederation. 
State sovereignty, its source and origin. State sovereignty and the general gov- 
ernment. Resolution of New York on the insufficiency of the confederation, July, 
1782. Resolution of congress thereupon. General system of revenue proposed to 
the states, April 18th, 1783. Address by the U. S. A. to the states on public affairs, 
April 26th. Depreciation of the national credit at home and abroad. Letter of 
Dr. Franklin upon. Of the French Minister. Washington on public affairs. The 
necessity of a national sovereignty how regarded. Report on the system of gen- 
eral revenue proposed by the congress, Feb. 1786. Its reception by the states. Its 
defects. The Annapolis convention, Sept. 1786. How it originated. Report of its 
proceedings. How received by the states and congress. The crisis of the union. 
The proposed federal convention. Response of the states. Powers of delegates. 
The proposed federal convention in congress. Proposition of New York. Of Mas- 
sachusetts. The convention recommended by congress, Feb. 1787. Appointment 
of delegates to by the states. Their powers. Provision by congress for the gov- 
ernment of the territorial domain of the U. S. A., 1787. The ordinance. The fed- 
eral convention at Philadelphia, May 14th, 1787. Organization of. Rules of. 
Propositions submitted. Importance of the crisis. Complicities of the Conven- 
tion. Sovereignty in the states. Debate upon. Abolition of the confederation. 
Letter of Mr. E. Randolph upon. The convention at fault. Dr. Franklin's motion 
for daily prayers. Report of the convention to congress. The constitution report- 



XVI CONTENTS. 



ed by the convention, Sept. 17th, 1*787. Resolutions and letter accompanying the 
report. Action of congress upon the report and resolutions. Adoption of the 
constitution by congress. Recommendation of to the states. Ratifications of 
reported to congress. Ratification of by Delaware. Pennsylvania. New Jersey. 
Connecticut. Georgia. Maryland. South Carolina. New Hampshire. Virginia. 
New York. Resolution of North Carolina. Proceedings in congress upon, July 
2d, 1788. Order of reference on the ratifications. Report of the committee of 
reference, Sept. 13th. Resolution to carry the constitution into operation. Pro- 
vision for the election of president and vice-president. Organization of the gov- 
ernment, March 4th, 1789. Preliminary organization of the Senate, April 6th. 
Notification to the House of Representatives. Organization of the two houses to 
count the votes for president and vice-president. Inauguration of the vice-presi- 
dent elect, April 21st. His inaugural address. Time appointed for the inaugura- 
tion of the president. His progress from Mount Vernon to New York. His inau- 
guration, April 80th. His inaugural address before both houses of congress. Re- 
ply of the House of Representatives, May 5th. Reply of the Senate, May 18th. 
The president's answer to the senate's address. The Constitution. Ratification of 
by North Carolina. By Rhode Island. Amendments adopted and recommended 
by congress, Sept. 1789. Further amendments. Adoption of the amendments by 
the people and states, 1789-91. Act of congress in relation to the Ordinance of 
1787, August, 1789. Conclusion. The Eso. Page 623. 



THE GOVERNMENTAL HISTORY 

OF 

THE UNITED STATES OF AMERICA, 



PART I. 

THE GOVERNMENTAL HISTORY OP THE FIRST GRAND DIVISION OP THE 

CONTINENT OP NORTH AMERICA, CALLED THE FIRST COLONY OF 

JIRGINIA-SOUTH VIRGINIA, OR VIRGINIA. 

It is at once interesting and instructive to observe introduo 
by what a singularly slight instrumentality, oftentimes/ 1011 - 
great revolutions are originated and accomplished ; and 
how not only the direct, but also the collateral agencies 
set in operation by passing events, forward the plans of 
the Omniscient Ruler of the Universe. Incidents, 
seemingly the most trivial and unimportant, have a 
momentous bearing upon the character and condition 
of men and nations. They affect the purposes of indi- 
viduals, and, through them, in their nearer or more 
remote sequences, the destinies of communities and 
states, of kingdoms and empires. While moving in the 
sphere of their immediate influence we may not note 
their operation, but after the flight of years, when we 
come to look back upon the records of experience, we 
feel how much they have contributed to give to our 
career its complexion and its shape. 

While Christopher Columbus was meditating those Specula- 
splcndid projects which afterwards led to the discovery Uprise 
of America, and had in vain appealed to one and of Chrfcto- 
another of the powers of Europe to assist him in his i um b U3 . 
proposed enterprise, he dispatched his brother Bartholo- He applies 
mew to the court of Henry VII. of England, to nego- f n f|K n n d 
tiate for the patronage of that monarch, while he for patron- 
himself besought the court of Spain. His brother was age * 



14 THE GOVEBNMENTAL HISTOEY OP 

Part I. north America, 

Introduc- unfortunately captured and plundered by pirates on his 
voyage ; and after his release was effected, before he 
found himself in a condition to appear before the 
Columbus haughty sovereign of England, Columbus, discouraged 
to^isT* an( * disgusted at the treatment, he was receiving at the 
England in CO urt of Spain, indignantly resolved to visit Henry VII. 
in person. Just as he had begun to carry this resolu- 
tion into effect the final overthrow of the Moorish Dy- 
nasty, by the conquest of Granada, was announced, and 
How pre- gave a new aspect to the affairs of the kingdom of Fer- 
vented. di nan d and Isabella. The triumph filled them with the 
proudest exultation, and produced a liberality of dispo- 
sition which seemed ready to interest itself in almost 
any enterprise which might add the lustre of munifi- 
cence to the glory of conquest. 
Negotia- Two personal friends of Columbus, Alonzo de Quin- 
thTfrlend - TANILLA > comptroller of the finances of Castile, and 
of Coium- Luis de St. Angel, receiver of the ecclesiastical reve- 
Ferdinand nues m Arragon, availing themselves of the favorable 
and isa- posture of affairs, came forward and presented the sub- 
ject of his proposed enterprise in a well-devised address 
to the Queen. 
Their ap- While congratulating her on the auspicious triumph 
queen° * e °f h er arms, they lauded the munificence with which 
she had hitherto patronized all great enterprises, and 
expressed their surprise at her indifference to a project 
" the most splendid that had ever been proposed to any 
sovereign." They discoursed upon the favorable terms 
upon which Columbus offered to embark in the adven- 
ture, upon his sincerity evinced by his willingness to 
hazard his own life and fortunes in prosecuting it ; and 
represented, in his design to apply to England, the 
danger of losing irrevocably the benefits which might 
result from the success of his schemes, and the glory 
* Winter- which would ensue to his patrons.* Then, finally, ap- 
Robert- pealing to the well known piety of Isabella, they spoke 
son. of the pre-eminent honor she might win to herself and 

her kingdom forever, by thus extending the sway of 



THE UNlfED STATES OF AMERICA. 15 

HOW AND WHEN DISCOVERED. PART I. 

the church, increasing its treasures, and bringing within Introduc- 
its sacred pale the benighted and degraded people of 
unknown and heathen lands. 

This was the moment of all others the most oppor- 
tune, and the appeal was not idly or ineffectually made. 
Isabella ordered Columbus to be recalled, declared that Isabella 
he should be employed on his own terms, and entered h e e rs fif S to 
so enthusiastically into his speculations, that, on Ferdi- the eQter - 
nand's suggesting the almost exhausted condition ol 
the treasury, she replied, " I will assume the undertak- 
ing for my own crown of Castile, and am ready to 
pawn my jewels to defray the expense of it, if the 
funds of the treasury should be found inadequate."* * Prescott, 
With this she magnanimously stript her jewels from her 
person and extended them to St. Angel, who was so 
overjoyed at the enthusiasm of the Queen that he seized 
and kissed her hand, and engaged on his own respon- 
sibility to advance the monies required, rather than that 
such an enterprise should be lost or frustrated. 

While these scenes were enacting at the court of 
Spain, Columbus was proceeding on his way towards 
England wholly ignorant of the efforts which his friends Columbus 
were making in his behalf. When the courier of the [hepatron- 
Queen overtook him and announced the resolution in a s e of Isa - 
his favor, he was completely overpowered by the unex- 1492! 
pected intelligence. He repaired at once to Santa Fe 
where he soon forgot the wrongs and indignities he had 
suffered during eight tedious years of fruitless nego- 
ciation for patronage, in the prospect of and prepara- 
tions fyr his splendid enterprise. 

The terms and conditions for the adventure were 
concluded on the seventeenth day of April, 1492, as 
follows : 

I. Ferdinand and Isabella, as sovereigns of the ocean, Terms of 
appointed Columbus high-admiral in all the seas, islands th( r fir9 * 

. ° ' enterprise 

and continents which he might discover and conquer, of Colum- 
guaranteeing the office to him and his heirs forever, bus ' 
with the privilege of prefixing to their names the 



16 THE GOVEENMENTAL HfSTOEY OP 

Part I. north America, 



Introduc- titles of dons, admirals, viceroys, governors, with the 
like prerogatives possessed and enjoyed by the high- 
admiral of Castile, within the limits of his jurisdiction. 
Terms of • II. If for the better administration of affairs in any 
prise. such islands or territories, it should be necessary to 
establish a separate authority, Columbus should have 
the privilege of naming three persons, and the crown to 
appoint one of the three nominated, 'to the office of 
governor or viceroy thereof. 

III. The tenth part of all minerals, and of the free 
profits accruing from the productions or commerce of 
or with such countries, was given to Columbus and his 
heirs forever. 

IV. If any controversy, or law-suit, should arise with 
regard to any mercantile transaction, in any such 
country, it should be determined by the sole authority 
of Columbus, or by judges appointed by him. 

V. Columbus to be entitled to an additional one- 
eighth part of the profits as aforesaid, provided he 
advanced an eighth part of the cost of the expedi- 
tion. 

Columbus' Under these favorable auspices Christopher Colum- 
&ge 1492 ^ us emDai "ked, on the third day of August, 1492, on 
the bosom of that hitherto unmeasured ocean which 
stretched off from the shores of the old world into the 
unexplored regions lying towards the setting of the sun, 
Aim of pledging himself to his patrons, by sailing in that direc- 
dUk>n Xpe " tion, to discover another Continent in the Western Hem- 
isphere, or else to disclose a new and more expeditious 
route to the Indian Ocean. • 

The re- I do not propose to enter into a detail of his adven- 

ex^ora- ^ ures " ^ * s sumc i en t f° r m J purpose to remark, that 
tions. the astonishing results of his explorations disclosed to 
mankind the existence of a country and tribes of men 
hitherto unknown to civilized society, and awakened 
among the rival powers of Europe a bolder spirit of en- 
terprise and adventure : Each became ambitious to 
extend its dominions, to develope its resources, and to 



THE UNITED STATES OF AMERICA. 17 

HOW AND WHEN DISCOVERED. PART I. 

enrich its treasury ; and each fitted out its expeditions introduc- 
for exploration and discovery. 

The application of Columbus, by his brother Bartholo- interest of 
inew,to Henry VII. , though it gained him no patronage, America 1 
was not without its beneficial effects. When it was pro- how ? ri S i- 

x uated. 

posed to him the sagacious monarch comprehended at 

once the magnificent project,* and entered warmly into * Robert- 

the designs of its author. The subject became a topic son- 

of free conversation and frequent discussion in his The propo- 

Court, the attention of scientific men was directed ^busto" 

towards it, and a spirit of research and inquiry was Henry vn. 

awakened and cultivated. The return of Columbus, ceived. 

the triumphant and successful issue of his voyage, the 

discovery of a new and inhabited region beyond the Effect of 

sea, and his descriptions of the countries in it which he potions 

had visited — which even in reality seemed far to surpass 

the brightest visions of the imagination! — and the pres- f.See Ir- 

ence of a few of the strange natives vouching the vera- hlmbus. * 

city of his statements, roused the attention of the whole 

of Europe, and the Crown of England eagerly assented 

to the application of some of its subjects to embark in 

a similar enterprise. 

But her attainments in the art of navigation were 
not now such as to enable her own subjects to carry 
out these purposes of exploration. For the space of 
two centuries, while commerce and the mechanic arts State of 
were making a steady progress in the north and the encTiif 01 " 
south of Europe, England had remained almost insen- England, 
sible to the advantages of her position, and looked with 
indifference on those projects and arts which have since 
become her boast, her pride, and her power. While 
other nations had been busily promoting the interests 
of trade and navigation, she had remained inactive, 
unaltered, and unimproved: Her own ships and sea- 
men had. not ventured out of sight of her coasts, while 
her mariners and her merchants were hardly acquainted 
with the distant ports of Europe* * Bigland. 

Such being her condition, it became necessary, i n RobertsOQ - 



18 THE GOVERNMENTAL HISTORY OF 

Part I. north America, 

Introduc- order to carry on the proposed enterprise of explora- 
tion, to look to other countries for experienced marin- 
ers and navigators. Henry accordingly invested Gio- 
Commis- vanni Gabot, or John Cabot, a Venetian adventurer, 
JohnCa- * nen a * Bristol, with the chief command of the expedi- 
bot and tion. A commission was given to him and three of his 
March 5th, sons, Lewis, Sebastian, and Sanctius, empowering them 
1495 - to sail under the flag of England, in any direction, to 
discover countries as yet unknown to any Christian 
nation, and to take possession of the same in the name 
of the Crown of England. This commission was dated 
March fifth, 1495, but Cabot did not set sail on the 
Sailing of enterprise contemplated until the fourth of May, 1497 ; 
dUion Xpe " wlien ne embarked at Bristol, with his son, Sebastian, 
May 4, on board of a vessel which was furnished by the Crown, 

1497. . 

accompanied by a squadron of smaller vessels prepared 
and furnished by a company of merchants of that city. 
Aim of the The more immediate aim of this expedition was to 
enterprise, discover a new route to the East Indies, which, accord- 
ing to the theory of Cohimbus, it was now. generally 
believed, could be accomplished by sailing directly 
westward. The countries which he had already discov- 
ered were supposed to be adjacent to the Continent of 
Asia, and to form a part of the " long chain of Indian 
Islands," hence they were called the West Indies, and 
the inhabitants received the name of Indians. 
Course of In accordance with this opinion Cabot directed his 
the voy- course ^ ue "West. After sailing to that point for sev- 

age. ° 1 

eral weeks they discovered the Island of Newfoundland. 

A few days afterwards they reached the Island of St. 

Expedi- Johns. They landed at each of them, made cursory 

tions of J niii 

John and observations on the nature of the soil and the climate, 
Cabofun- t°°k possession of them in the name of the Crown of 
der Henry England, and taking with them three of the natives, 

VII 1497 

-1498. embarked on their return voyage, eager to announce 
the result of the enterprise before attempting any fur- 
ther exploration. 

The success of this expedition encouraged the par- 



THE UNITED STATES OP AMERICA. 19 

HOW AND WHEN DISCOVERED. PART I. 

ties who had patronized it to fit out a seco'nd adventure, introduc- 
Cabot and his son Sebastian were the commanders in 
this new enterprise, whose aim still was to discover a Second 
passage to India. Holding his course to the westward, t k>n, 1698. 
he reached the continent of North America, and sailed Discovery 
along the coast from 56° to 38° N. L., from Labrador to tinent of 
Virginia. Discovering no inlet which seemed to prom- ^ orth . 

° ° c America. 

ise a communication with the Southern or Indian 
Ocean, and being short of provisions, he returned again 
to England without having yet made any advances 
towards a conquest or settlement of the country.* * See "wn- 

Thus much of these incidents in history, by way of Bigiand. 
introduction, to show how it was that this great Conti- Rob ertson. 
nent was first brought to the knowledge of mankind, 
and first attracted the interest and the regard of that 
powerful parent of The United States of America, The 
Kingdom of Great Britain. 

In this age of the world, it was generally conceded Title to the 
by the nations of Europe that the Supreme title to all covered' 8 * 
pagan countries was vested in the Pope of Rome, as the countI 7- 
Vicar of Christ on earth ; and that it was competent for 
"His Holiness" to dispose of all regions "wherein no 
Christian Nation was dwelling or abiding" to any Chris- 
tian Potentate. Accordingly, on the return of Colum- 
bus from his first voyage, Ferdinand and Isabella applied 
to the Pope for a confirmation of their title to the coun- 
tries which he had discovered. 

The Pontifical Chair was at this time filled by Alex- Grant of 
ander VI, "a man who although degraded by unre- TiufeVvL* 
strained indulgence of the most sordid appetites,* was t0 Ferdi " 

, ,. . ... . , , ll nand and 

endowed by nature with singular acuteness, as well as Isabella, 
energy of character." * He issued three several Bulls, f^' 
in quick succession, conferring upon Ferdinand and * Prescott. 
Isabella and their successors, the Sovereign title to all 
" Regiones et Msulas, Novi Orbis, in Oceano Occidenie, 
Hispanorum Navigationibus repertas;" and also to all 
Islands and Countries, which they might thereafter dis- 
cover, to the west of a supposed line drawn from pole 



20 THE GOVERNMENTAL HISTORY OP 

Part I. north America, 

to pole at the distance of one hundred leagues to the 

* Pres- west of the Azores and Cape de Verd Islands ; as well 
dinand and as over a ^ countries discovered by them whether in the 
Isabella, l. East, or within the boundaries of India; all previous 

Hazard's n . . ' 

Sta^e Pa- grants and concessions to the contrary notwithstand- 

pers. j n g* 

Its effect It is evident that if priority of discovery had, at this 
dfscoverles ti me > been regarded as conferring an absolute title in 
made by the new country, Henry VII. might in like manner have 
taken advantage of the result of these expeditions to 
annex the Continent of North America to his own 
dominions. But the return of Cabot found the nation 
embroiled in a war with a neighboring Island, while 
she had scarcely recovered from the civil feuds which 
Henry had then recently convulsed her western provinces. 
cedes^he" H em T VII. was also too solicitous of retaining the 
priority of friendship of Ferdinand, being engaged in negotiating 
rived from an alliance between his eldest son and Catharine, the 
the Pope, daughter of that monarch. He therefore, courteously 
rather than justly, conceded that the Islands and terri- 
tories which Cabot had discovered, might be compre- 

* Bigland. bended within the very liberal grant made to Ferdinand 
PreTcott° n ' anc ^ Isabella, by the Pope. Nor had even kings, in that 

day, the hardihood or impiety to question the validity 

of a donative from the See of Rome.* 

Expedi- These circumstances and considerations induced the 

America Crown of England to abandon the idea of another expe- 

abandon- dition to the New World; and no more material im- 
ed 

provement was made of the discovery than that the 

private enterprise of a few individuals carried on at 
straggling intervals a fishing and fur trade with the 
natives. A period of more than sixty years was per- 
mitted to pass away before the Crown became again 
actively interested in its discoveries in America. A 
variety of causes, which I need not detail, had com- 
bined to withdraw attention from a subject which was 
destined to become one of deep and thrilling interest 
to the whole world. 



THE UNITED STATES OP AMERICA. 21 

TITLE AND INTEREST OF ENGLAND IN. PART I. 

It was reserved for the spirited and efficient reign of Elizabeth 
Elizabeth in a measure to accomplish what her prede- enterprises 
cessors had, through effeminate indolence, papal fear, of Com - 
negligence, or want of ability, left so shamefully undone. Naviga- 
The peaceful reign to which she succeeded, and the tlon ' 15 ' 78 ' 
tranquility which attended the first thirty years of her 
own auspicious administration, had combined to pro- 
mote the growth of commercial enterprise, to give a 
wider range to the investigations of science, to encour- 
age the mechanic arts, and to protect and foster all the 
departments of learning, trade, and industry in her 
kingdom. The rapid progress made in the art of navi- Maritime 
gation,in a few years, nearly outran the attainments of undl^Eliz- 
more experienced nations, a navy was built up, seamen abeth. 
were fostered, and adventurers were encouraged and 
multiplied. The wide field of exploration into which 
she sent forth her subjects quickened their energy, 
while their achievements were the most admirable and 
astonishing. But we must pass by the various projects 
for discovery which gave lustre to her reign, and con- 
fine ourselves more particularly to those which may be 
regarded as the origin and commencement of our own 
Governmental History. 

It was her jealousy of rival powers, coupled with an Elizabeth 
ambition to enlarge her own dominions, which prompted ^Jentton 
Elizabeth to turn her attention to the New World. The t0 the New 
proud spirit of the Tudors could not brook rivalry or i5?8. ' 
superiority. The vast revenues which Spain was reap- 
ing from her discoveries in these new regions of the 
West excited her emulation; and she resolved to ex- 
plore and to settle the country which had simply been 
discovered, and but carelessly visited. A few of her 
subjects, men of rank and opulence, had caught her 
spirit and projected a plan for a permanent settlement. 
It was submitted to the Queen and met with her hearty 
co-operation. m Patent to 

On the eleventh day of June, 1578, she issued a patent ^f "jjj 
to Sir Humphrey Gilbert, its chief projector, author- bert, 1578. 



22 THE GOVERNMENTAL HISTORY OF 

Part I. north America, 



Patent of izing and empowering him "to discover and take pos- 
to Sir session of, all unknown and heathen lands wherein no 
S^™rt rey ^ nr ^ s ^ ari People were dwelling or abiding" — giving, to 
1578. ' him and his heirs, full right and title to all the coun- 
tries of which he might take possession ; to be holden 
of the Crown of England, rendering homage, and pay- 
ing one-fifth of whatever gold or silver ore might be 
found therein, — with power, to him and his heirs, to 
dispose of any portion of the same to settlers in fee 
simple ; provided ahvays, that such sales should be made 
agreeably with the laws of England — the settlers to have 
and enjoy all the privileges of free denizens and natives 
of the mother country, any law, custom, or usage to 
the contrary notwithstanding. Sir Humphrey Gilbert 
and his heirs were invested with full jurisdiction over 
Liberal all the settlements planted by him, with all powers and 
Pp°^ 10ns royalties, marine, civil and military ; with power to con- 
vict, pardon, punish, govern and rule, as well in cases 
capital or criminal as civil, both maritime and other, all 
persons who from time to time should settle therein, 
according to such laws, statutes, and ordinances as by 
him, his heirs or assigns should be devised or established 
for their better government." Free license was given 
to any of her subjects to transport themselves and to 
settle in the countries he might discover, while all per- 
sons were "prohibited attempting to plant an indepen- 
dent colony within two hundred leagues of any place, 
which Sir Humphrey Gilbert and his associates may 
have occupied for the space of six years." _ 

Such were the liberal powers and immunities with 
which Sir Humphrey Gilbert was endowed, and which 
were to encourage the expedition now proposed for 
planting an English Colony in America. His personal 
worth and consideration, united with the distinguished 
exertions of his half-brother Sir Walter Raleigh, soon 
procured a number of associates in the adventure. But 
the success of the enterprise was not equal to the zeal 
of its patrons, or the efforts of its projector. He made 



THE UNITED STATES OF AMERICA. 23 

EARLY ATTEMPTS TO SETTLE THE COUNTRY. PART I, 

two attempts to plant a settlement by which nothing Under the 
further was accomplished than to take formal possession Elizabeth 
of the continent in the name of the Crown. The absence Jjj^ r hrg 
of all acquaintance with the country, the insufficiency Gilbert, 
of the preparations made for establishing a settlement, 5 ' 
the mutinies and insubordination -of his crew, and the 
loss of his most valuable vessels by shipwreck, were the 
material causes which hindered the accomplishment of Termina- 
his aims. They were at length fully frustrated by a advea . 
violent storm encountered off the shores of Cape Bre- tures - 
ton, during which his vessel was wrecked and himself * Robert- 
perished in the sea.* 

The equally bold and zealous spirit of Sir "Walter Patent to 
Raleigh, who did not accompany these expeditions, was Raieigh, 
not disheartened by the unfortunate fate of his kinsman. A P ril 2 ?i 
He made an application to the Queen and received a 
patent containing as liberal a bestowment of powers and 
privileges. Under its protection he fitted out a small 
expedition which made a few discoveries farther to the Expedi- 
South, but did not effect any settlement. Sailing into th i gp° t f r 
Albemarle and Pamlico sounds, they engaged in a little eut - 
traffic with the natives, derived from them some infor- 
mation of the country, and, taking two of them on 
board of their vessel, returned again to England in 
September of the same year. 

The season of the year at which they approached the Their arri- 
coast of America, combined with the general aspect of America. 
the country and the purity of the climate, to produce Aspect of 
the most pleasing impressions upon these adventurers. Jj. 1 ® coun " 
The eye was never tired with gazing upon, and the imagi- 
nation was completely charmed by, the wild scenes of 
beauty and luxuriance which opened before their aston- 
ished vision. The majestic Bay, the verdant islands, 
the placid river, the rich forest, the exuberant soil, and 
the salubrious clime, were a most enchanting sequel to 
the fatigues and the hardships, the exposure and the 
perils, of their uncertain and tedious voyage. They 
were remembered and described, on their return, with the 



24 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

How most glowing enthusiasm. Elizabeth was so fascinated 
Elizabeth, with their descriptions that she bestowed upon the coun- 
try the name of Virginia, in memorial that a discovery 
so felicitous had been made under the auspices of a 
Virgin Queen. 

Sir Walter Raleigh was also encouraged by these 
descriptions of the country, to make further prepara- 
tions for its settlement, and accordingly fitted out anoth- 
er expedition, which sailed on the nineteenth day of 
April, 1585. It consisted of seven small vessels, under 
the direction of Sir Richard Grenville, who planted a 
Planting settlement at Roanoke, and entrusting the supervision 
obe of it to Ralph Lane, set sail on his return to England 

1585. i n August of the same year. This settlement consisted 
of about one hundred and eight persons, who were 
chiefly occupied in making scientific observations and 
exploring the resources of the country. The approach 
and progress of winter, the failure of their stores, the 
hostility of the natives, and the ravages of disease, con- 
spired to diminish their numbers and to threaten their 
entire extinction. A few of them survived till the 
month of June following, when they were cheered by 
the arrival of Sir Thomas Drake, who was then return- 
ing with a small fleet from a naval expedition against 
The Settle- the Spaniards in the West Indies, and availing them- 
doned an " selves of this opportunity they all embarked for Eng- 

June,1586.1 an( J # 

Harriott's Among this handful of adventurers whose necessities 
' thus compelled them to return to their native land, was 
* one Richard Harriott, a man of much learning and sci- 

ence, and great practical energy and intelligence. He 
had employed himself industriously during his adverse 
residence on the New Continent, in philosophical 
researches ; in making observations on its soil, climate 
and productions ; and upon the manners, customs, and 
Itspublica- extent of its native population. The result of his labors 
England was given to the public, was sought after and read with 
1587. great avidity, and increased the already glowing desire 



THE UNITED STATES OF AMERICA. 25 

EARLY ATTEMPTS TO SETTLE THE COUNTRY. PART I. 

of the nation for the occupation and settlement of the 
country. One of the principal products cultivated by 
the natives was tobacco; which was at this date first Tobacco 
introduced to the acquaintance of civilized society ; d^edjnto 
specimens of it were taken to England, and, says the England. 
historian of 'those times, "the use of it was fondly 
adopted by Raleigh and some young men of fashion." 

Early in the succeeding year Sir Walter Raleigh fitted 
out a third expedition to America, under the direction Third ex- 
of Captain John White, which was composed of a large unde^i-he 
number of adventurers with their wives and fanriLjes. Patent to 
This company was regularly organized ; they received Raleigh, 
a charter naming them The Governor and Assistants 1587 - 
of the City of Raleigh, in Virginia. Capt. White was Th e first 
appointed their Governor, with twelve assistants, who ted com- ' 
together constituted a board or council, in whom were pan y- 
vested the executive, judicial, and legislative powers of 
the Colony. 

Capt. White was instructed to plant the settlement on Re-settle- 
the shores of the Chesapeake, but arriving at Roanoke Roanoke. 
in the month of July, when everything combined to 
give the most favorable impressions of the station, he 
determined to remain there, and at once set about 
organizing his infant community. But after the first 
flow of joyful emotion on account of their safe arrival 
had subsided, and they began to realize their true con- Embar- 
dition, these adventurers were surprised to find them- ^"east- 
selves on a shore covered with dismal swamps, with tiers, 
thick and seemingly interminable forests, inhabited by 
naked savage tribes, and withal to learn that they were 
but poorly provided with the means of sustenance, or 
the appliances necessary for their permanent settle- 
ment, safety, and comfort, in so wild a region. 

A request was unanimously made that Capt. White Capt. 
would return and solicit from their patrons at home such t^Engknd 
supplies as were needful for the maintenance and pre- for relief - 
serration of the plantation. His appearance in England 
on this errand happened at a most unfavorable juncture; 



26 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

The result just as the famous Armada of the second Philip of Spain 
eion. was threatening the kingdom. Raleigh and his coadju- 
tors were now occupied with the more thrilling and 
momentous interests of the mother country; the few 
and enfeebled adventurers who languished on the dis- 
tant coast of America were forgotten or neglected, and 
left to perish without sympathy or consolation. 
He returns Governor White came over again to America in the 
ia 159a 11 " y ear 1590, with supplies and recruits for the colony, but 
they found no traces of its existence, nor a soul to tell 
the experience or the fate of those who had so nobly 
aSdnto dared to remain in it, and they returned again to Eng- 
Engiand. land, September, 1590. 

The settle- Here and thus terminated the last attempt made dur- 
Amev\L in S tlie rei S n of Elizabeth to settle Virginia. Sir Wal- 
again ter Raleigh, whose commanding genius and splendid 
ed, 1590! accomplishments gave lustre and energy to whatever 
enterprise he extended his patronage, had conceived a 
new project of settling a large district in Ireland, of 
which he had received a grant from the Queen. Other 
projects equally fascinating, and rendered the more 
attractive to his adventurous spirit because of the diffi- 
culty of their achievement, at the same time interested 
his attention and supplanted the late favorite idea of 
Transfer settling Virginia. He transferred all his interest in it, 
patent by ^7 assigning his patent to Sir Thomas Smith and a corn- 
Sir Walter pany of merchants, under whose auspices several voy- 
ages were made for the purposes of traffic with the 
Indians, but they were not attended with any noticeable 
or praise-worthy efforts to meliorate the condition of 
the country. 
Condition Thus at the decease of Elizabeth, in 1603, notwith- 
at the^de- a standing all the enterprise that had been lavished, the 
cease of ii ves w i nc h had been sacrificed, and the wealth which 

Elizabeth, , , . . 

1603. had been expended, there was not one white man known 
to be living in America. Without staying to speculate 
upon the various causes which had operated to prevent 
a permanent settlement in the country, otherwise than 



THE UNITED STATES OP AMERICA. 27 

CONDITION OF AT THE DECEASE OF ELIZABETH. PART I. 

as our narrative has developed them, the fact is one 

which addresses itself with singular interest to the 

reflective mind. The conviction can hardly be resisted The moral 

that this portion of the New World was marked out by J^ con ' 

the Omniscient Ruler of mankind, as the spot where 

should be witnessed the rise of a nation, the history of t 

whose government and institutions should mark the 

developement of elements in the human character, and 

in human government, such as the annals of our race 

had never yet recorded. Neither the time nor the 

occasion for its origin had yet fully come. It was not 

ambition, nor gain, nor rank, nor wealth which were 

destined to accomplish it. These shores did not, like Its aspect 

those discovered by the Spanish and Portuguese navi- *° g l^^' 

gators, abound in mines of gold or of silver ore ; they P ared witl1 

presented only an extended territory, a genial climate, i s h discov- 

a luxuriant and fertile soil. They opened no fountains e . nes m 

J l America. 

whence the possessors might draw instant wealth, with- 
out labor or industry, but their value was to be known 
and their profit gathered only in the fulfillment of the 
anathema " in the sweat of thy brow shalt thou eat thy 
bread." 

No votary of pleasure, no lover of indolence or of 
luxury, no effeminate scion of royalty, could find a 
place convenient for him on these desolate and inhospi- 
table shores. This great continent was destined to be 
the abode of a mighty, magnanimous, and influential 
people, and must be settled by hardy, industrious and 
well-bred adventurers, who must conquer its heathenism, 
people its territories, subdue its forests, level its moun- 
tains, cultivate its plains, and plant the institutions of a 
free government and a free religion broadcast over its 
extended surface, before they or mankind should know 
where lay buried its heaps of gold and its treasures of 
silver. 

It is not till after the accession of James I. to the 
throne that we find recorded any further attempts at a 
settlement of the continent of North America. The 



28 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia. 



Creation of first permanent one was made under the auspices of 
and Sec- ms r ^g°- He divided that portion of the country which 
ond Colo- lies between 34° and 45° N. L. into two parts nearly 

ny ot v lr- sr j 

ginia, equal. The one he called the First, the other the 

16o2 10 ' Second > Colony of Virginia; and distributed them, 

under a charter dated April 10th, 1606, as follows, viz. : 

THE FIRST CHARTER OF JAMES I. 

First char- I. James I., by the " Grace of God, King of England, 
James I. Scotland, France, and Ireland, Defender of the Faith, 
Preamble. <fcc. Whereas our loving and well disposed subjects, 
Sir Thomas Gates, and Sir George Somers, Knights ; 
Richard Hackluit, Clerk, Prebendary of Westminster ; 
and Edward-Maria Wingfield, Thomas Hanham, and 
Raleigh Gilbert, Esqrs. ; William Parker, and George 
Popham, Gentlemen ; and divers others of our loving 
subjects, have been humble suitors unto us, that we 
would vouchsafe unto them our licence, to make habita- 
tion, plantation, and to deduce a colony of sundry of 
our people into that part of America, commonly called 
"Virginia, and other parts and territories in America, 
either appertaining unto us, or which are not now actu- 
ally possessed by any Christian Prince or People, situ- 
ate, lying and being all along the sea coasts between four 
and thirty degrees of northerly latitude from the Equi- 
noctial line, and five-and-forty degrees of the same 
Limita- latitude, and in the main land between the same four- 
thegrant and-thirty and five-and-forty degrees, and the Islands 
thereunto adjacent, or within one hundred miles of the 
coasts thereof. 

II. And to that end, and for the more speedy accom- 
plishment of their said intended plantation and habita- 
tion there, are desirous to divide themselves into two 
Preamble, several colonies and companies ; the one consisting of 
certain knights, gentlemen, merchants and other adven- 
turers, of our city of London and elsewhere, which are 
and from time to time shall be, joined unto them, 
which do desire to begin their plantation and habita- 



THE UNITED STATES OF AMERICA. 29 

DIVISION AND DESIGNATION OF BY JAMES I. PART I. 

tion in some fit and convenient place, between four-and- Creation of 
thirty and one-and-forty degrees of the said latitude, * n e d g 1 ^. 
alongst the coasts of Virginia and coast of America afore- ond Colo- 

° ny oi Vir- 

said ; and the other consisting of sundry knights, gentle- g mi a , 
men, merchants, and other adventurers, of our cities of ^^ 10 ' 
Bristol and Exeter, and of our Town of Plimouth, and of 
other places which do join themselves unto that Colony, 
which do desire to begin their plantation and habita- 
tion in some fit and convenient place, between eight- 
and-thirty degrees and five-and-forty degrees of the said 
latitude, all alongst the said coast of Virginia and 
America as that coast lyeth. 

III. We greatly commending and graciously accept- 
ing of, their desires for the furtherance of so noble a 
work, which may, by the Providence of Almighty God, 
hereafter tend to the Glory of His Divine Majesty, in Motive of 
propagating of Christian Religion to such People as ie grai 
yet live in darkness and miserable ignorance of the true 
knowledge and worship of God, and may in time bring 

the infidels and savages, living in those parts, to human 
civility, and to a settled and quiet government ; Do by 
these our letters pattents, graciously accept of, and agree 
to, their humble and well intended desires. 

IV. And do therefore, for us, our heirs, and sue- Patentees 
cessors, grant and agree, that the said Sir Thomas Gates, j^ n °f C ^ e 
Sir George Somers, Richard Hackluit and Edward- First Colo- 
Maria Wingfield, adventurers of and for our City of 
London, and all such others as are, or shall be joined 

unto them of that Colony, shall be called The First 
Colony : and they shall and may begin their said first 
plantation and habitation, at any place upon the said 
Coast of Virginia or America, where they shall think 
fit and convenient, between the said four-and-thirty and 
one-and-forty degrees of the said latitude ; and that 
they shall have all the lands, woods, soil, grounds, ha- 
vens, ports, rivers, mines, minerals, marshes, waters, 
fishings, commodities, and hereditaments whatsoever, 
from the said first seat of their plantation and habita- 



30 THE GOYEENMENTAL HISTOET OF 



Part I. 



Creation of tion by the space of fifty miles of English statute meas- 
and Sec- ure > towards the west and south-west, as the coast lyeth, 
ond Colo- with all the Islands within one hundred miles directly 

ny of Vir- . J 

ginia, over against the same sea-coast ; and also all the lands, 
lfo"! 10 ' so ^' g rouncls > havens, ports, rivers, mines, minerals, 
Limits of woods, waters, marshes, fishings, commodities, and he- 
umonyf redit aments whatsoever, from the said place of their 
first plantation and habitation for the space of fifty like 
English miles, all along the said coast of Virginia and 
America, towards the east and north-east, or towards 
the north, as the coast lyeth, together with all the Isl- 
ands within one hundred miles, directly over against 
the said sea-coast ; and also all the lands, woods, 
soil, grounds, havens, ports, rivers, mines, minerals, 
marshes, waters, fishings, commodities, and heredita- 
ments whatsoever, from the same fifty miles every 
way on the sea-coast, directly into the main land by the 
space of one hundred like English miles ; and shall and 
may inhabit and remain there ; and shall and may also 
build and fortify within any the same, for their better 
safe-guard and defence, according to their best discre- 
tion, and the discretion of the Council of that Colony : 
and that no other of our subjects shall be permitted, or 
suffered, to plant or inhabit behind, or on the backside 
of them, towards the main land, without the express 
licence or consent of the Council of that Colony, there- 
unto in writing first had and obtained. 

V. And we do likewise, for us, our heirs, and suc- 
cessors, by these presents, grant and agree, that the 
Patentees said Thomas Hanham, and Raleigh Gilbert, William 
ty of the P ar ^er and George Popham, and all others of the Town 
Second f Plimouth, in the county of Devon, or elsewhere, 
which are, or shall be, joined unto them of that Colony, 
shall be called the Second Colony : and that they shall 
and may begin their said Plantation and seat of their first 
abode and habitation, at any place upon the said coast of 
Virginia and America where they shall think fit and con- 
venient, between thirty-eight degrees of the said latitude, 



THE UNITED STATES OF AMERICA. 31 



THE FIRST CHARTER OF JAMES I. PART I. 



and forty-five degrees of the same latitude; and that Creation of 
they shall have all the lands, soils, grounds, havens, au e d g 1 ^. 
ports, rivers, mines, minerals, woods, maishes, waters, ™ d o °°J? r ; 
fishings, commodities, and hereditaments, whatsoever, g i n ia, 
from the first seat of their plantation and habitation, by £P r £ 10 » 
the space of fifty like English miles, as is aforesaid, all 
along the said coast of Virginia and America, towards the 
west and south-west, or towards the south as the coast 
lyeth, and all the Islands within one hundred miles di- 
rectly over against the said sea-coast ; and also all the 
lands, soils, grounds, havens, ports, rivers, mines, mine- 
rals, woods, marshes, waters, fishings, commodities, and 
hereditaments whatsoever, from the said place of the 
first plantation and habitation for the space of fifty like 
miles all along the coast of Virginia and America, towards 
the east and north-east, or towards the north, as the Limits of 
coast lyeth, and all the Islands also within one hundred * ^ c e J^ 
miles directly over against the same sea-coast ; and also ny. 
all the lands, soils, grounds, havens, ports, rivers, woods, 
mines, minerals, marshes, waters, fishings, commodi- 
ties, and hereditaments, whatsoever, from the same 
fifty miles every way on the sea-coast, directly into the 
main land, by the space of one hundred like English 
miles ; and shall and may inhabit and remain there ; 
and shall and may also build and fortify within any 
the same for their Better safeguard, according to their 
best discretion, and the discretion of the Council of 
that Colony ; and that none of our subjects shall be 
permitted, or suffered, to plant or inhabit behind, or 
on the back of them, towards the main land, without 
the express licence of the Council of that Colony in 
writing thereunto first had and obtained. 

VI. Provided always, and our will and pleasure here- Proviso. 
in is that the Plantation and habitation of such of the 
said Colonies, as shall last plant themselves, as aforesaid, 
shall not be made within one hundred like English 
miles of the other of them, that first began to make 
their plantation, as aforesaid. 



32 THE GOVERNMENTAL HISTORY OF 

Fart I. Virginia, 

Creation of VII. And we do also ordain, establish, and agree, for 
and Sec- us > our ne i rs j an ^ successors, that each of the said Colo- 
ond Colo- n ies shall have a Council, which shall govern and order 

ny of Vir- ,. . . 

ginia, all matters and causes which shall arise, grow or happen, 
tern 10 ' *° or w ^hin the same several Colonies, according to 
How to be such laws, ordinances, and instructions, as shall be in 
governed, that behalf, given and signed with our hand or sign 
manuel, and pass under the Privy Seal of our realm of 
England; each of which Councils shall consist of thir- 
teen persons, to be ordained, made, and removed, from 
time to time, according as shall be directed and corn- 
Councils to P r i se d m the same instructions ; and shall have a several 
have Seals. se al, for all matters that shall pass or concern the same 
several Councils; each of which seals shall have the 
King's arms engraven on the one side thereof, and his 
portraiture on the other ; and that the seal for the Coun- 
cil of the said First Colony shall have engraven round, 
Seal of the about, on the one side, these words, Sis-ilium Regis 

First Colo- __ ' _ . _ ' . __., '. ° ,. ,f 

ny. Magna Britannia, Francia, et Hibernia; on the other 

side this inscription round about ; Pro Concilio Prima 
Colonics Virginia. And the seal for the Council of the 
Seal of sa id Second Colony shall also have engraven round 
the Second about the one side thereof the aforesaid words : Sigillum 
Reg-is Magna? Britannia, Francia, et Hibernia; and 
on the other side, Pro Concilio Secunda Colonics, Vir- 
ginia. 
Supreme VIII. And that also there shall be a Council estab- 
Councii in lished here in England, which shall, in like manner, con- 
sist of thirteen persons, to be, for that purpose, appointed 
by us, our heirs and successors, which shall be called our 
Council of Virginia; and shall from time to time, have 
the superior managing and direction, only of and for all 

Jurisdic- , , „ , 

tion of. matters, that shall or may concern the government, as 
well of the said several Colonies, as of and for any other 
part or place, within the aforesaid precincts of four- 
and-thirty and five-and-forty degrees, abovementioned ; 

Seal of. which Council shall, in like manner, have a seal, for 
matters concerning the Council or Colonies, with the 



THE UNITED STATES OF AMERICA. 33 

THE FIRST CHARTER OF JAMES I. PART I. 

like arms and portraiture, as aforesaid, with this in- Creation 

... ,, . -, of the First 

scnption, engraven round about on the one sicle: andSec . 
Sigillum Regis Magnce, Britannia, Francice, et Hiber-™&Go^ 
nice; and round about the other side, Pro Concilio swoginia, 

H. . April 10, 

rginia. 16 ' 06 . 

IX. And moreover, we do grant and agree, for us, p ower t0 
our heirs and successors, that the said several Councils, J^}} for 
of and for the said several Colonies, shall and lawfully mines. 
may, by virtue hereof, from time to time, without any 
interruption of us, our heirs or successors, give and 

take order, to dig, mine, and search for all manner of 
mines of gold, silver, and copper, as well within any 
part of their said several Colonies, as of the said main 
lands on the backside of the same colonies ; and to have Ores how 
and enjoy the gold, silver, and copper, to be gotten ^^^ 
thereof, to the use and behoof of the same Colonies, 
and the plantations thereof; yielding therefor to us, our 
heirs and successors, the fifth part only of all the same 
gold and silver, and the fifteenth part of all the same 
copper, so to be gotten or had, as is aforesaid, without 
any other manner of profit or account, to be given or 
yielded to us, our heirs, or successors, for or in respect 
of the same. 

X. And they shall, or lawfully may, establish and May coin 
cause to be made a coin, to pass current there between Money - 
the people of those several Colonies, for the more ease 

of traffick and bargaining between and amongst them 
and the natives there, of such metal, and in such man- 
ner and form, as the said several councils there shall 
limit and appoint. 

XI. And we do likewise, for us, our heirs and sue- May solicit 
cessors, by these presents, give full power and authority a "^. t ^ ns " 
to the said Sir Thomas Gates, Sir George Somers, Rich- venturers, 
ard Hacluit, Edward-Maria "Wingfielcl ; Thomas Hanham, 
Raleigh Gilbert, William Parker and George Popham ; 

and to every of them, and to the said several companies, 
plantations, and colonies, that they and every of them, 
shall and may at all and every time and times hereafter, 
3 



34 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Creation have, take, and lead in the said voyage, and for and 
and Sec- towards the said several Plantations and Colonies, and 
ond Colo- to travel thitherward, and to abide and inhabit there, in 

ny of Vir- 

ginia, every the said Colonies and Plantations, such and so 
1606 1 10 ' many °f our subjects, as shall willingly accompany them, 
or any of them, in the said voyages and plantations; 
May fit out with sufficient shipping, and furniture of armour, weap- 
g£. d g U ™ sh ons, ordnance, powder, victual, and all other things 
necessary for the said Plantations, and for their use and 
Proviso, defence there. Provided always, that none of the said 
persons be such, as shall hereafter be specially restrained 
by us, our heirs, or successors. 
May repel XII. Moreover, we do, by these presents, for us, our 
intruders, heirs, and successors, give and grant licence unto the 
said Sir Thomas Gates, etc., and to every of the said 
Colonies, that they, and every of them, shall and may, 
from time to time, and at all times forever hereafter, for 
their several defences, encounter, expulse, repel and 
resist, as well by sea as by land, by all ways and means 
whatsoever, all and every such person and persons, as 
without the special licence of the said several Colonies 
and plantations, shall attempt to inhabit within the said 
several precincts and limits of the said several colonies 
and plantations, or any of them, or that shall enterprise 
or attempt, at any time hereafter the hurt, detriment, 
or annoyance, of the said several colonies or planta- 
tions. 
Power to XIII. Giving and granting, by these presents, unto 
ties C from ^ ie sa ^ Sir Thomas Gates, etc., and their associates of 
Traders to the said First Colony ; and unto the said Thomas Han- 
nies. ham, etc., and their associates of the said Second Colo- 

ny, and to every of them from time to time, and at all 
times forever hereafter power and authority to take and 
surprise, by all ways and means whatsoever, all and 
every person and persons, with their ships, vessels, goods, 
and other furniture, which shall be found trafficking, 
into any harbour or harbours, creek or creeks, or place, 
within the limits or precincts of the said several colo- 



THE UNITED STATES OP AMERICA. 35 

THE FIRST CHARTER OF JAMES I. PART I. 

nies and plantations, not being of the same colony, until Creation 

, .. ,, ■, . » •• -, • . of the First 

such time, as they, being ot any realms or dominions and Sec . 
under our obedience, shall pay or agree to pay, to the ond 9°J?.* 

,» . . ny of v lr- 

hands of the Treasurer of that Colony, within whose ginia, 
limits and precincts they shall so traffick, two and a half ^ pr g 10 ' 
upon every hundred, of any thing so by them trafficked, Duties on 
bought, or sold : And being strangers and not subjects ^ lsh t 
under our obeysance, until they shall pay five upon 
every hundred, of such wares and merchandises, as they On stran- 
shall tramck, buy, or sell, within the precincts of the gers " 
said several Colonies, wherein they shall so tramck, buy, Duties to 
or sell, as aforesaid : Which sums of money, or benefit \ h l c s e lo °_ 
as aforesaid, for and during the space of one and twen- nies for 21 
ty years, next ensuing the date hereof, shall be wholly then to the 
employed to the use, benefit, and behoof of the said Crown - 
several plantations, where such traflick shall be made ; 
and after the said one and twenty years ended, the 
same shall be taken to the use of us, our heirs, and 
successors, by such officers and ministers, as by us, our 
heirs and successors, shall be thereunto assigned or 
appointed. 

XIV. And we do further, by these presents, for us, 
our heirs, and successors, give and grant unto the said 
Sir Thomas Gates etc., and to their associates of the 
said . First Colony and plantation ; and to the said 
Thomas Hanham etc., and their associates of the said 
Second Colony and plantation, that they, and every of 
them, by their deputies, ministers, and factors, may 
transport the goods, chattels, armour, munition, and certain 
furniture, needful to be used by them, for their said arti des ex- 

.'...._ ... „ . empt from 

apparel, iood, delence, or otherwise in respect of the duties. 
said plantations, out of the realms of England and Ire- 
land, and all other our dominions, from time to time, 
for and during the time of seven years, next ensuing 
the date hereof, for the better relief of the said several 
colonies and plantations, without any custom, subsidy, 
or other duty, unto us, our heirs, or successors, to be 
yielded or paid for the same. 



36 



THE GOVERNMENTAL HISTORY OP 



Part I. 



VIRGINIA, 



Creation XV. Also we do, for us, our heirs, and successors, 
and Sec- rS declare, by these presents, that all, and every the per- 
ond Colo- sons, being our subjects, which shall dwell and inhabit 
within every or any of the said several Colonies, and 
plantations, and every of their children, which shall hap- 
pen to be born within any of the limits and precincts 
of the said several colonies and plantations, shall have 
and enjoy all liberties, franchises, and immunities, 
Virile 11 es 6 w ithin any of our dominions, to all intents and purposes, 
of British as if they had been abiding and born, within this our 
su jec s. rea ] m f England, or any other of our said Dominions. 
XVI. Moreover, our gracious will and pleasure is, 
and we do, by these presents, for us, our heirs, and suc- 
cessors, declare and set forth, that if any person or per- 



ginia, 
April 10, 
1606. 
Inhabit- 
ants and 
their ehil 
dren to 



Penal re- 
strictions 
on trade. 



Proviso 

against 
Robberies 
and Pira- 
cies. 



sons, which shall be of any of the said colonies and 
plantations, or any other, which shall traffick to the 
said colonies and plantations, or any of them, shall at 
any time or times hereafter, transport any wares, mer- 
chandises, or commodities, out of any of our dominions, 
with a pretence to land, sell, or otherwise dispose of the 
same, within any the limits and precincts of any the 
said Colonies and plantations, and yet nevertheless, 
being at sea, or after he hath landed the same within 
any of the said Colonies and plantations, shall carry the 
same into any foreign country, with a purpose there to 
sell or dispose of the same, without the licence of us, 
our heirs, and successors, in that behalf first had and 
obtained ; that then, all the goods and chattels of such 
person or persons, so offending and transporting, to- 
gether with the said ship or vessel, wherein such trans- 
portation was made, shall be forfeited to us, our heirs, 
and successors. 

XVII. Provided always, and our will and pleasure 
is, and we do hereby declare to all Christian Kings, 
Princes, and States, that if any person or persons, which 
shall hereafter be of any of the said several Colonies 
and plantations, or any other, by his, their or any of 
their licence and appointment, shall, at any time or 



THE UNITED STATES OF AMEEICA. 37 

THE FIRST CHARTER OF JAMES I. PART I, 

times hereafter, rob or spoil, by sea or by land, or do Creation of 
any act of unjust and unlawful hostility, to any the an j $lf_ 
subjects of us, our heirs or successors ; or any the sub- ond Col °- 
jects of any King, Prince, Ruler, Governor, or State, ginia, 
being then in league and amity with us, our heirs, or f-^ 10 > 
successors ; and that upon such injury, or upon just 
complaint of such Prince, Ruler, Governor, or State, or 
their subjects, we, our heirs, or successors, shall make 
open proclamation, within any of the ports of our 
Realm of England, commodious for that purpose, that 
the person or persons, having committed any such rob- 
bery or spoil, shall, within the term to be limited by 
such proclamation, make full restitution or satisfaction 
of all such injuries done ; so as the said Princes, or 
others so complaining, may hold themselves fully satis- 
fied and contented ; and that, if the said person or per- 
sons, having committed such robbery or spoil, shall not 
make, or cause to be made, satisfaction accordingly, 
within such time so to be limited, that then it shall be 
lawful to us, our heirs, and successors, to put the said 
person or persons having committed such robbery or 
spoil, and their procurers, abetters, or comforters, out 
of our allegiance and protection ; and that it shall be 
lawful and free for all Princes, and others, to pursue 
with hostility the said offenders, and every of them, and 
their and every of their procurers, aiders, abetters, and 
comforters, in that behalf. 

XVIII. And finally, we do, for us, our heirs, and 
successors, grant and agree, to and with the said Sir Lands how 
Thomas Gates etc., and all others of the said First Col- ^ a ^ e ted 
ony, that we, our heirs and successors, upon petition and held 
in that behalf to be made, shall, by letters patent under First Colo- 
the great seal of England, give and grant unto such ny - 
persons, their heirs, and assigns, as the Council of that 
Colony, or the most part of them, shall, for that pur- 
pose nominate and assign, all the lands, tenements, and 
hereditaments which shall be within the precincts lim- 
ited for that Colony, as is aforesaid, to be holden of us, 



38 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia. 



Creation our heirs, and successors, as of our Manor of East- 
First and G" re enwich, in the County of Kent, in free and corn- 
Second mon soccage only, and not in capite. 

Colony of VTV . _ , * . ... 

Virginia, ALA. And do, in like manner, grant and agree for 
1606 1 10 ' us ' our ne * rs > an( * successors, to and with the said 
Thomas Hanham etc., and all others of the said Second 
Colony, that we, our heirs and successors, upon petition 
in that behalf to be made, shall, by letters patent, un- 
der the great seal of England, give and grant unto such 
persons, their heirs, and assigns, as the Council of that 
Lands how Colony, or the most part of them, shall, for that pur- 
teveVaTd P ose > nominate and assign, all the lands, tenements, 
held in the and hereditaments, which shall be within the precincts 
Colony, limited for that Colony, as is aforesaid, to be holden of 
us, our heirs, and successors, as of our Manor of East- 
Greenwich in the County of Kent, in free and common 
soccage only, and not in capite. 

XX. All which lands, tenements, and hereditaments, 
so to be passed by the said several letters patent, shall 
be sufficient assurance from the said Patentees, so dis- 
tributed and divided amongst the undertakers for the 
plantation of the said several Colonies, and such as 
shall make their plantations in either of the said several 
Lands con- Colonies, in such manner and form, and for such estates, 
vcyed by as s ] ia u k e or dered and set down by the Council of the 
assured to said Colony or the most part of them, respectively, 
settlers. w ^j im w hi c h the same lands, tenements, and heredita- 
ments shall lye or be; although express mention of 
the true yearly value, or certainty of the premises, or 
any of them, or of any other gifts or grants, by us, or 
any of our progenitors or predecessors to the aforesaid 
Sir Thomas Gates, knight, Sir George Somers, knight ; 
Richard Hackluit, Edward-Maria Wingfield, Thomas 
Hanham, Raleigh Gilbert, William Parker, and George 
Popham, or any of them, heretofore made, in these 
presents, is not made ; or any statute, act, ordinance, 
or provision, proclamation, or restraint, to the contrary 
hereof had, made, ordained ; or any other thing, cause 



THE UNITED STATES OF AMERICA. 39 

THE FIKST CHARTER OP JAMES I. PART I. 

or matter whatsoever, in any wise notwithstanding. Creation of 
In witness whereof, we have caused these our letters an j g^. 
to be made patents ; witness ourself at Westminster, ° nd o <? °h- 
the tenth day of April in the fourth year of the Reign ginia, 
of England, France, and Ireland, and of Scotland the ^ 10 > 
nine-and-thirtieth. 

Lukin. 
Per breve de priviato Sigillo* 



These letters Patent were followed in November of *. ! » Hen- 

o • ning'sStat- 

the same year by a series of "Articles, Instructions, ana utes, 57. 
Orders, made, set down and established by us, the twen- 
tieth day of November, in the year of our Raigne of 
England, France, and Ireland, the fourth, and of Scot- 
land the fortieth, for the good order and government of 

THE TWO SEVERAL COLONIES AND PLANTATIONS to be made 

by our loving subjects, in the Country commonly called 
Virginia and America, between thirty-four and forty- 
five degrees from the equinoctial line. 

Whereas we, by our letters patents, under our great R ecital of 
seal of England, bearing date at Westminster, the tenth 
day of April in the year of our raigne of England, 
France, and Ireland, the fourth, and of Scotland the 
thirty-ninth, have given licence to sundry our loving 
subjects named in the said letters pattents and to their 
associates, to deduce and conduct two several Colonies 
or Plantations of sundry our loving people willing to 
abide and inhabit in certain parts of Virginia and Amer- 
ica, with divers pre-heminences, privileges, authorities 
and other things, as in and by the same letters pattents 
more particularly it appeareth, we according to the 
effect and true meaning of the same letters pattents, do 
by these presents, signed with our hand, sign manuel 
and sealed with our Privy seal of our Realm of Eng- 
land, establish and ordaine, that our trusty and well 
beloved Sir William Wade, knight ; our Lieutenant of 
our Tower of London ; Sir Thomas Smith, knight ; Sir 



40 



THE GOVEENMENTAL HISTORY OF 



Part I. 



VIRGINIA, 



Instruc- 
tions fur 

the gov- 
ernment 
of the 
First and 
Second 
Colony, 
Nov. 20, 
1G06. 



The King's 
Council 
e tab- 
lished. 



Their 

powers, 

&c. 



Members 
of the 
Colonial 
Councels, 
how ap- 
pointed. 



Walter Cope, knight; Sir George Moor, knight; Sir 
Francis Popeham, knight ; Sir Fernando Gorges, 
knight; Sir John Trevor, knight; Sir Henry Monta- 
gue, knight, recorder of the city of London ; Sir Wil- 
liam Rumney, knight ; John Dodderidge, Esq., Solicit- 
or General ; Thomas Warr, Esqr ; John Eldred of the 
City of London Merchant ; Thomas James of the City 
of Bristol Merchant ; and James Bagge of Plymouth, 
in the County of Devonshire Merchant : Shall be our 
Councel for all matters which shall happen in Virginia 
or any the territories of America, between thirty-four 
and forty-five degrees from the sequinoctial line, north- 
ward, and the Islands to the several Colonies limited 
and assigned, and that they shall be called the King's 
Councel of Virginia, which Councel, or the most part 
of them shall have full power and authority, at our 
pleasure, in our name, and under us, our heirs, and suc- 
cessors ; to give directions to the councels of the sev- 
eral Colonies which shall be within any part of the said 
Country of Virginia and America within the degrees first 
above mentioned, with the Islands aforesaid, for the 
good government of the people to be planted in those 
parts, and for the good ordering and disposing of all 
causes happening within the same, and the same to be 
done for the substance thereof, as near to the Common 
Lawes of England, and the equity thereof as may be, 
and to pass under our seal, appointed for that Councel ; 
which Councel, and every and any of them shall, from 
time to time be increased, altered, or changed, and oth- 
ers put in their places, at the nomination of us, our 
heirs, and successors, and at their and our will and 
pleasure ; and the same Councel of Virginia, or the 
more part of them, for the time being, shall nominate 
and appoint the first several councellors of those several 
Colonies, which are to be made Colonies or Plantations 
in Virginia and America, between the degrees before 
mentioned according to our said letters pattents in that 
behalf made ; and that each of the same councels of 



THE UNITED STATES OP AMERICA. 41 

GOVERNMENT OF, UNDER THE FIRST CHARTER. PART I. 

the same several Colonies shall, by the major part of Instruc- 
them, choose one of the same Councel, not being ^ s ' 2 * c- ' 
the minister of God's word, to be president of the 1606. 
same Councel, and to continue in that office, by the Pre s"Jent 

7 ' r 01 Colonial 

space of one whole year, unless he shall in the mean Councils, 
time dye or be removed from that office : And wee do chosen, 
further hereby establish and ordain, that it shall be 
lawful for the major part of either of the said Councels, 
upon any just cause, either absence or otherwise, to 
remove the President, or any other of that Councel Removal 
from being either President, or any of that Councel ; ' 
and upon the deaths, or removal of any of the Presi- 
dents, or Councel, it shall be lawful for the major part 
of that Councel to elect another in the place of the 
party soe dying or removed, soe always, as they shall ho^tiiPd 
not be above thirteen of cither of the said Councel- 
lours. And wee doe establish, and ordaine, that the T £ rm °{ 

' office of 

President shall not continue in his office of President- President, 
ship above the space of one year : 

And wee doe specially ordaine, charge, and require, 
the said Presidents and Councels, and the ministers of tian Re ^/ 
the said several Colonies respectively, within their several R'oq to be 
limits and precincts, that they, with all diligence, care and the 
and respect, doe provide that the true word, and service Blble to °e 

r ' 1 ' preached 

of God and Christian faith be preached, planted, and among 
used, not only within every of the said several Colonies En C ™and m 
and Plantations, but also as much as they may among 
the Savage people, which doe or shall adjoine them, or 
border upon them, according to the doctrine, rights, 
and religion now professed and established within our 
Realm of England ; and that they shall not suffer any Penalty 
person or persons to withdrawe any of the subjects or ^JjS" 
people inhabiting, or which shall inhabit within any of persons 
the said several Colonies and Plantations, from the religion or 
same, or from their due allegiance unto us, our heirs, and alle 8 iance - 
successors, as their immediate soveraigne under God ; 
and if they shall find within any of the said Colonies 
and Plantations, any person or persons so seeking to 



42 



THE GOVERNMENTAL HISTORY OF 



Part I. 



Instruc- 
tions, &c. 
Nov. 20, 
1606. 



Lands, 
how to 
descend 
and pass. 



Capital of- 
fences. 
Enumer- 
ated. 



Penalty, 
death with- 
out benefit 
of Clergy ; 
in what 
cases. 



Colonial 
Council, 
Jurisdic- 
tion of. 



Trial by 
Jury pro- 
vided for. 



withdrawe any of the subjects of us, our heirs and suc- 
cessors, or any of the People of those lands or territo- 
ries, within the precincts aforesaid, they shall with all 
diligence, him or them so offending cause to be appre- 
hended, arrested, and imprisoned, until he shall fully 
and thoroughly reforme himself; or otherwise, when the 
cause so requireth, that he shall, with all convenient 
speed be sent into our Realm of England, here to 
receive condigne punishment for his or their said offence 
or offences : 

And moreover wee doe hereby ordaine and establish 
for us, our heirs, and successors, that all the lands, tene- 
ments, and hereditaments, to be had and enjoyed by 
any of our subjects within the precincts aforesaid, shall 
be had, and inherited, and enjoyed, according as in the 
like estates they be had and enjoyed by the lawes within 
this Realm of England. And that the offences of 
tumults, rebellion, conspiracies, mutiny, and seditions, 
in those parts which may be dangerous to the estates 
there, together with murther, manslaughter, incest, 
rapes, and adulteries committed in those parts, within 
the precincts of any the degrees above mentioned (and 
noe other offences) shall be punished by death, and that 
without the benefit of the clergy, except in case of man- 
slaughter, in which Clergy is to be allowed : And that 
the said several Presidents and Councels, and the greater 
number of them, within every of the several limits and 
precincts, shall have full power and authority, to hear 
and determine all and every the offences aforesaid, 
within the precincts of their several Colonies, in man- 
ner and form following, that is to say, by twelve hon- 
est and indifferent persons sworne upon the Evangelists, 
to be returned by such ministers and officers as every of 
the said Presidents and Councels, or the most part of 
them, respectively shall assigne, and the twelve persons 
soe returned and sworne shall, according to their evi- 
dence to be given unto them upon oath, and according 
to the truth, in their consciences, either convict or 



THE UNITED STATES OF AMERICA. 43 

GOVERNMENT OF UNDER THE FIRST CHARTER. PART I. 

acquit, every of the said persons soe to be accused and instruc- 
tried by them ; and that all and every person or persons, n ov .'20, 
which shall voluntarily confess any of the said offences 1606 - 
to be committed by him shall, upon his confession Judgment 
thereof, be convicted of the same, as if he had been t i on or 
found guilty of the same by the verdict of any such confession - 
twelve jurors as is aforesaid. And that every person 
and persons which shall be accused of any of the said 
offences, and which shall stand mute, or refusing to 
make direct answer thereunto, shall be, and be held, 
convicted of the said offence, as if he had been found 
guilty by the verdict of such twelve Jurors as afore- onttand"* 
said : And that every person and persons so convicted, ing mute, 
either by verdict, his own confession, or by standing 
mute, or by refusing directly to answer as aforesaid, of 
any of the offences before mentioned, the said Presi- 
dents and Councels, or the greatest number of them, dent^nT" 
within their several precincts and limits where such Council to 
conviction shall be had and made as aforesaid, shall sentence 06 
have full power and authority, by these presents, to give °. n convi c- 
judgment of death upon every such offender, without 
the benefit of the Clergy, except only in case of Man- 
slaughter : And noe person soe adjudged, attainted, or 
condemned, shall be reprieved from the execution of 
the said judgment, without the consent of the said Power to 
President and Councel, or the most part of them, by [n P the Ve ' 
whom such judgment shall be given : And that no per- President 
son shall receive any pardon, or be absolutely dis- c ii— To 
charged of any the said offences, for which he shall be P^ r n 0n ' m 
condemned to death as aforesaid, but by pardon of 
us, our heirs, and successors, under our Great Seal of 
England : 

And wee doe in like manner establish and ordaine, if Persons of 
any person or persons of either of the said Colonies offending 
shall offend in any of the offences beforementioned, in the oth- 

. J ' er, to be 

within any part between the degrees aforesaid, out of tried in 
the precincts of his or their Colony, that then every such cSonvT 11 
offender, or offenders, shall be tried and punished as 



44 


THE GOVERNMENTAL HISTORY OP 




Part I. 


VIRGINIA, 





Instruc- 
tions, &c, 
Nov. 20, 
1G06. 

Further 
Judicial 
powers of 
Colonial 
Presidents 
and Coun- 
cils. 



Offenders 
how pun- 
ished. 



Excesses, 
drunken- 
ness, idle- 
ness, and 
vagrancy. 



Judicial 
proceed- 
ings, how 
conducted. 



Judgments 
to be re- 
corded. 



Record to 
be sub- 
scribed by 
the Presi- 
dent and 
Council. 



aforesaid within his or their proper Colony : And that 
every the said Presidents and Councels, within their sev- 
eral limits and precincts, and the more part of them, 
shall have power and authority, by these presents, to 
hear and determine all and every other wrongs, trespass- 
ers, offences, and misdemeanors whatsoever, other than 
those before mentioned, upon accusation of any person 
and proof thereof made by sufficient witnesses upon 
oath ; and that in all those cases the said President and 
Councel, and the greater number of them, shall have 
power and authority, by these presents respectively, as 
is aforesaid, to punish the offender or offenders, either 
by reasonable corporal punishment and imprisonment, 
or else by a convenient fine, awarding damages or other 
satisfaction, to the party grieved, as to the said Presi- 
dent and Councel, or to the more part of them, shall be 
thought fit and convenient, having regard to the quality 
of the offence, or state of the cause : And that also the 
said President and Councel, shall have power and 
authority, by virtue of these presents, to punish all 
manner of excess, through drunkenness, or otherwise ; 
and all idle, loytering, and vagrant persons, which shall 
be found within their several limits and precincts, 
according to their best discretions, and with such con- 
venient punishment as they or the most part of them 
shall think fit: Also it is our will and pleasure, con- 
cerning the judicial proceedings aforesaid, that the same 
shall be made and done summarily, and verbally with- 
out writing, until it come to the judgment or sentence; 
and yet nevertheless our will and pleasure is, that every 
judgment and sentence hereafter to be given in any 
the causes aforesaid, or in any other, of the said several 
Presidents and Councels, or the greater number of them, 
within their several limits and precincts, shall be briefly 
and summarily registered in a book to be kept for that 
purpose, together with the cause for which the said 
judgment or sentence was given; and that the said 
judgment and sentence, soe registered and written, shall 



THE UNITED STATES OP AMERICA. 45 



GOVERNMENT OF UNDER THE FIRST CHARTER. PART I. 



be subscribed with the hands or names of the said Presi- instruc- 
dent and Council, or such of them as gave the judg-^™^*' 
nient or sentence: Also our will and pleasure is, and 1606 - 
we do hereby establish, and ordaine, that the said several f trade°in 
Colonies and Plantations, and every person and persons the Colo- 

uies ior 

of the same, severally and respectively, shall within the first 
every of their several precincts for the space of five five ^ ears - 
years next after their first landing upon the coast Every- 
of Virginia and America, trade together all in one stock, - m commoa 
or divideably but in two or three stocks at the most, stock - 
and bring not only all the fruits of their labours there, 
but also all other goods and commodities which shall To be de- 
be brought out of England, or any other place, into the pu bii c 
same Colonies, into several magizines or store-houses, for storehous- 

7 c es erected 

that purpose to be made and erected there, and that in such for the 
order, manner, and form, as the Councel of that Colony, purpose ' 
or the more part of them, shall set down and direct: 

And our will and pleasure is, and we do in like man- A Treas- 
ner ordaine, that in every of the said Colonies and Plan- c^e-Mer- 
tations there shall be chosen there, elected yearly, by chant, to 

be chosen 

the President and Councel of every of the said Colonies , n each 
and Plantations, or the more part of them, one person, c o loQ y- 
of the same Colony and Plantation, to be Treasurer or 
Cape-Merchant of the same Colony and Plantation, to 
take the charge and managing of all such goods, wares, His powers 
and commodities, which shall be brought into, or taken and duties - 
out of, the several magazines or store-houses; the 
same Treasurer or Cape-Merchant, to continue in his Term of 
office by the space of one whole year next after his said jScyby 
election, unless he shall happen to die within the said resi s na " 

... „ , tion, death 

year, or voluntary give over the same, or be removed or remov- 
for any just or reasonable cause, and that thereupon jjjj a° w 
the same President and Councel, or the most part of 
them, shall have power and authority to elect him again, 
or others in his room or stead, to continue in the same One or 
office as aforesaid : And that also there shall be two or ™ierks to 
more persons of good discretion within every of the said I 30 ch( >sen 
Colonies and Plantations, elected and chosen yearly colony. 



46 THE GOVEENMENTAL HISTORY OP 

Part I. Virginia, 

Instruc- during the said term of five years, by the President and 
Nov. '20 ' Councel of the same Colony, or the most part of them, 
1606. respectively, within their several limits and precincts, 
ties. ir U " the one or more of them to keep a book in which shall 
be registered and entered all such goods, wares, and 
merchandizes, as shall be received into the several 
magazines and storehouses within that Colony being 
appointed for that purpose ; and the other to keep a lit- 
tle book, wherein shall be registered all goods, wares, 
and merchandizes which shall issue or be taken out of 
any the several magazines or store-houses of that Colo- 
Term of ny ; which said clerks shall continue in their said places 
cierL° but a ^ ^ ie w ^ 0I> the President and Councel of that 
Colonists Colony whereof he is, or of the major part of them: 
plied with And that every person or persons of every the said sev- 
necessaries eral Colonies and Plantations shall be furnished with 
lie store- all necessaries out of those several magazines or store- 
houses, houses, which shall belong to the said Colony and 
Plantation, in which that person is, for and during the 
term of five years, by the appointment, direction, and 
order of the President and Council there, or of the said 
Cape-Merchants and two Clerks, or of the most part of 
them, within the said several limits and precincts of the 
said Colonies and Plantations: 
The First Also our will and pleasure is, and we do hereby or- 
powTredTo" daine, that the adventurers of the said First Colony and 
establish a Plantation, shall and may during the said term of five 
Co. or years, elect and choose out of themselves one or more 
Agency in Companies, each Company consisting of three persons 
at the least, who shall be resident at or near London, 
or such other place or places, as the Council of the 
Colony for the time being, or the most part of them 
Its powers during the said five years shall think fit, who shall there 
an uties. f rQm ^ me to ^ me | a k e c harge of the trade and account 

of all such goods, wares, and merchandizes, and other 
things which shall be sent from thence, to the Company 
of the same Colony, or Plantation, in Virginia; and 
likewise all such wares, goods and merchandizes, as 



THE UNITED STATES OP AMERICA. 47 

GOVERNMENT OF UNDER THE FIRST CHARTER. PART I. 

shall be brought from the said Colony or Plantation instruc- 
unto that place within our Realm of England ; and of tl0US ' &c * 
all things concerning the managing of the affairs and 
profits of the adventurers of that Company which shall 
so pass out of or come into that place or port. 

And likewise our will and pleasure is, that the adven- The Sec- 
turers in the said Second Colony and Plantation shall ond Col °* 

J ny empow- 

and may during the said term of five years elect out of ered to es- 
themselves, one or more companies, each Company con- Mercantile 
sisting of three persons at the least, who shall be resi- Co ^ or 
dent at or near Plimouth, in our County of Devon, Plymouth, 
within our Realm of England, and at such one, two, or 
three other places, or ports, as the Councel of that Col- 
ony, or the most part of them, shall think fit ; who 
shall there, from time to time, take care and charge of its powers 
the trade, and account of all such goods, wares, mer- and duties " 
chandizes and other things, which shall be sent from 
thence for the same Colony and Plantation in Virginia ; 
and likewise all such goods, wares, and merchandizes, 
all shall be brought from the said Colony and Planta- 
tion in Virginia into our Realm of England, and of all 
things concerning the managing of the affairs and pro- 
fits of the adventurers of that Company. 

Also our will and pleasure is, that no person or per- p ? rsons , 

-!•• x x admitted 

sons, shall be admitted into any of the said Colonies as coio- 
and Plantations, there to abide and remain, but such j^f *° r . 
as shall take not only the usual oath of obedience tain oaths. 
to us, our heirs, and successors, but also the oath which 
is limited in the last session of Parliament holden at 
"Westminster in the fourth year of our reign, for their 
due obedience unto us, our heirs and successors : That 
the trade to and from any of the Colonies aforesaid 
may be managed to and from such port and places, 
within our Realm of England, as is before in these Govem- 
articles introduced, any thing set down heretofore to men *al 

Powers of 

the contrary notwithstanding : And that the said Presi- Colonial 
dent and Councel of each of the said Colonies, and the Pn : s ' dcnt3 

' and Ooun- 

more part of them, respectively, shall and may law-cils. 



48 « THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Instruc- fully, from time to time, constitute, make, and ordain 

tions &c. 

Nov.'20. ' such Constitutions, Ordinances, and officers, for the 
1606. better order, government and peace of the People of 

their several Colonies, so always as the same Ordinances 
Restric- an( ^ Constitutions, do not touch any party in life or 
tions upon, member ; which Constitutions and ordinances shall 

stand and continue in full force, until the same shall 
Force and be otherwise altered or made void by us, our heirs, or 
operation successors, or our, or their Councel of Virginia, so 

01 tllGSG 

ordi- always as the same alterations be such as may stand 

nances. ^^ an( j ^ Q j n su bstance consonant unto the laws of 

England, or the equity thereof. 

Furthermore our will, and pleasure, is, and we do 

Treatment hereby determine and ordain, that every person and per- 

dians* 3 " sons, being our subjects of every the said Colonies and 

Plantations, shall from time to time well entreat those 

Savages in those parts, and use all good means to draw 

the Savages and heathen people of the said several 

Must aim pl aces ? an( i of the territories and countries adjoining, 

at their to the true service and knowledge of God ; and that 

COD VOrSlOU 

to Chris- all just, kmd and charitable courses shall be holden 
tianity. w jth suc j 1 f them as shall conform themselves to any 
good and sociable traffic and dealing with the subjects, 
of us, our heirs, and successors, which shall be planted 
there, whereby they may be sooner drawn to the true 
The con- knowledge of God, and the obedience of us, our heirs, 
course to an d successors ; under such severe pains and punisli- 
be pun- m ents as shall be inflicted by the same several Presi- 
dents and Councils of the said several Colonies, or the 
most part of them, within their several limits and pre- 
cincts, on such as shall offend therein or do the con- 
trary : 
Provision i \_ 11( j that as tlj.e said Territories and Countries of 
Instruc- Virginia and America, within the degrees aforesaid, 
tions &c, in f rom t j me to time increase in Plantation by our 

from the , 

Crown. subjects, we, our heirs, and successors, will ordain and 
give such order and further Instructions, Lawes, Con- 
stitutions, and Ordinances for the better order, rule, 



THE UNITED STATES OF AMERICA. 49 

GOVERNMENT OF UNDER THE FIRST CHARTER. PART I. 

and government of such as so shall make Plantations instruc- 

tious &c 

there, as to us, our heirs, and successors, shall fromN OV ' 20 '' 
time to time be thought fit and convenient, which 1606 - 
always shall be such, as may stand with, or be in sub- 
stance consonant unto the laws of England, or the 
equity thereof. 

And lastly, we do ordain and establish, for us, our Council for 
heirs, and successors, that such oath shall be taken by ^"j^don, 
each of our Councellors here for Virginia, concerning oath of 
their place and office of Councel, as by the Privy Coun- 
cel of us, our heirs, and successors of this our Realm 
of England, shall be in that behalf limited and appoint- Members 
ed : And that each Councellor of the said Colonies councils 1 
shall take such oath for the execution of their place oath of - 
and office of Councellor, as by the Councel of us, our 
heirs, and successors here in England, for Virginia shall 
in that behalf be limited and appointed : And as well 
those several Articles and instructions herein men- 
tioned and contained, as also all such as by virtue 
hereof shall hereafter be made and ordained, shall as 
need shall require, by the advice of our Councel here 
for Virginia be transcribed over unto the said several 
Councels of the said Colonies, under the seal to be* 1 ', Hen " 
ordained for our said Councel here for Virginia. In utes, Vol- 
witness, &c.*" ume 1 - 



Such was the First Charter upon which was based the 
first settlements, and such were the Royal instructions 
pursuant to the provisions of which was planned the first 
civilized Government ever known in America. The First 
Colony was afterwards more familiarly known as The 
South Virginia, or London Company ; and the Second 
Colony as The North Virginia, or Plymouth Company. 

In alluding to this Charter and the Order of Instruc- Opinion of 
tions which followed it, Dr. Robertson says,—" Thus, ^ison*' 
without hesitation or reluctance, the Proprietors of u P on tne 
both Colonies — Virginia and Plymouth — proceeded toter. 
execute their respective plans, and under the authority 
4 



50 



THE GOVERNMENTAL HISTORY OF 



Part I. 



The sup- 
posed de- 
fects of the 
Charter. 



Reasons 
for its 
ready ac- 
ceptance. 



Nature and 
aim of the 
compact it 
contained. 



of a Charter which would now be rejected with disdain, 
as a violent invasion of the sacred and inalienable rights 
of liberty, the first permanent settlements in America 
were established." Although this remark may be true 
in fact, it is not, historically, a fair or just comment 
upon the case presented to our consideration. It is 
easy enough for us, looking back from the position 
which we now occupy, upon these governmental regu- 
lations, to discover the existence of those political ele- 
ments which afterwards became so obnoxious to the 
colonists, and ultimately so fatal to the power of the 
Crown in America. But while to our more enlightened 
view, they may seem so wholly to disregard the actual 
political rights of the settlers, and so disastrously to 
invade their liberties, we are not surprised that they 
met with so ready an acquiescence on the part of the 
respective Proprietors. It must be remembered that 
the territory on which these settlements were to be 
made, was claimed by, and it was not questioned that 
the title resided in the Crown : And it could hardly 
be supposed that the Crown would divest itself of all 
interest or concern in its occupancy or its government. 
The object aimed at, and it was so expressed in the 
Charter, was, to make the country available and pro- 
ductive as a part of its dominions. The advantages to 
be derived from the adventure, both to the settlers and 
to the proprietors, were regarded as a sufficient com- 
pensation, or equivalent, for the conditions and restraints 
to which they were subjected. It was simply a com- 
pact, more commercial than political in many of its de- 
tails, between the Sovereign and his subjects, for the 
use and occupation of this portion of his domain ; to 
enter into which each party had its own peculiar mo- 
tives and inducements. It is, therefore, but doing 
justice to the spirit, the designs, and the relations, of 
the several parties to the compact : It is but justice to 
the prevailing political opinions of the age in which it 
originated : And more truly is it justice to the after 



THE UNITED STATES OP AMERICA. 51 

GOVERNMENT OF UNDER THE FIRST CHARTER. PART I. 

progress of free principles, and the subsequent devel- T ' ie aim 
opments of civil and religious liberty in both England First Colo- 
and America, to say that the plan thus devised for a set- n ?- 
tlement of the country, however imperfect or exception- 
able it may now appear, was originally framed with a 
view to protect and promote the rights and interests of 
the respective parties to the compact. The history of 
the Old World has recorded how slowly, up to this 
period, the human mind awakened from the slumber 
which had bound it, and came out from amid the dark- 
ness which in the middle ages had humbled it ; and in 
the brighter progress of our own annals in the New, 
we shall see how gloriously it ultimately cast off the 
fetters which ignorance, and prejudice, and supersti- 
tion, and bigotry, and oppression, had for ages thrown 
around it. 

" From this period," says Dr. Robertson again, " the 
progress of the two provinces — Virginia and New Eng- 
land — form a regular and connected story. The former 
in the South, and the latter in the North, may be con-Dr.Robert- 
sidered as the original and parent Colonies, in imitation meut. 
of which and under whose shelter, all others have been 
successively planted and reared." 

This is well enough to say in rounding a period, or 
closing a chapter, but it is very carelessly expressed and 
is not sustained by strict historical verity. The his- 
tory of the Second Colony I shall have occasion The two 
more particularly to refer to in the Second Part of this J^S to^* 
work ; at present it is sufficient to say that the Colo- New En S- 
nies of New England were none of them the offspring 
of either of these Companies. It may seem captious or 
trifling to raise the issue, but the fact has so much to 
do with the marked difference which exists in the char- 
acter of the people, and the peculiarities of their insti- 
tutions, in the two sections, that it becomes important 
to be observed. The causes which some years after this 
date brought about the settlement of New England, 
were not felt or understood by, were indeed unknown 



52 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

to, the policy which dictated the planting of Virginia. 
There was in either a difference of motives and of aims 
General widely divergent, and the difference between them is 
found to run through nearly all their early history, gov- 
ernmental, political, literary, and religious. At the 
same time it is true, that the same causes which led to 
the settlement of the former, had in time a liberalizing 
influence upon the institutions and government of the 
latter. Each in its origin, and as it grew, was necessa- 
rily measurably affected by the state of things in the 
Parent Country. With the one it was emigration and 
adventure, guided by the wisdom of maturer years and 
a ripened experience ; while with the other it was devel- 
opment under the more feeble and fragile condition of 
infant life. The one was born, and had much of its 
material growth, before the political elements embraced 
in the Protestantism of the Reformation were fairly 
developed in England; while the other owed its very 
existence to their fuller, freer, and more obvious 
activity. The one was the favorite and for many years 
the petted offspring of royalty, the other was the neg- 
lected and despised child of misfortune, of parental 
hate and persecution, of domestic tyranny and op- 
The First- pression. The History of the former, Virginia, the 
English the First-born, and therefore invested with many of the 
Colonies in privileges of primo-geniture in America, merits our 

America. 

prior attention. 

I have already had occasion to observe the peculiar 
disadvantages under which the first settlements on our 
Continent were originated and effected. Without enter- 
Import- ing into a minute detail of the trials, hardships, dan- 
their early S ers an( ^ sufferings, to which the early adventurers were 
history, exposed, we may find abundant matter for pleasing and 
profitable speculation in tracing the growth of their 
infant communities, and marking their advancement 
through all their varied perils, until we find them 
assuming a rank and consideration which, from its inti- 
mate bearing on our own Governmental History, de- 



THE UNITED STATES OP AMERICA. 53 

UNDER THE FIRST CHARTER OF JAMES I. PART I. 

serves our most interested attention. " It will exhibit The First 
a spectacle no less striking than instructive, and pre- of x f h e e f|°° 
sents an opportunity which rarely occurs, of contem- Ootopy, or 

o P . ,. . London 

plating a society in the first moment of its political company, 
existence, and of observing how its spirit forms in its Dec# 1G06, 
infant state; how its principles begin to unfold as it 
advances ; and how those characteristic qualities which 
distinguish its maturer age are successively acquired." * * Robert- 

The first expedition which was fitted out for Virginia, 
embarked under the auspices of The Company compos- 
ing The First Colony, at London. It sailed under the 
direction of Capt. Newport, on the nineteenth day of 
December, A. D. 1606. It consisted of one Vessel of 
about one hundred tons burthen, two Barques, and one 
hundred and five persons. They bore with them sealed 
documents which contained the names of The Council 
appointed for the government of the Colony or Planta- 
tion in America, which were to be opened and the per- 
sons proclaimed members of the Colonial Council, with- 
in twenty-four hours after their arrival on the coast of 
Virginia. The point of their destination was Roanoke. Destina- 
After having been out at sea for about four months a'd^nture!* 
they lost their reckoning, and while deliberating upon 
the expediency of returning to England, they encoun- 
tered a violent gale which drove them into the mouth Are driven 
of the Chesapeake Bay. On the twenty-sixth day of April, *$££* 
1607, they descried its southern point which they called peake Bay. 
Cape Henry. A small party attempted to land, but 
being opposed by the natives, and some of them being 
seriously wounded, they returned again to their vessel. 
A few days afterwards they discovered a point of land 
which they called Cape Charles. They then entered 
the mouth of a large River which they called James' James Riv- 
River, in honor of their Sovereign. Proceeding some eJed^ieoY. 
distance up its channel they neared the shore, and on 
the twenty-second day of June landed and planted a 
settlement which they called James' Town. Opening J*™® 8 ' 
their documents they at once proclaimed the names of planted. 



54 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

The First the members of the Colonial Council, who proceeded 
under the" ^° elect a President, to which office Mr. Edward Wing- 
London fi e u was chosen. Capt. Newport sailed for England on 
the fifteenth day of July following, leaving at James' 
Town one small vessel, and one hundred and four colo- 
nists. Previous to his departure their necessities were 
Condition supplied from the stores which had been laden on board 
settlement °^ * ne su ip s - That which was left to them, having 
received much damage during the voyage, was rendered 
additionally deleterious and unpalatable by the action 
of the climate and the progress of decay. Thus they 
became more susceptible to disease, and before the frosts 
of winter came to check the sickness which broke out 
among them, about fifty of their number were consigned 
to the grave. The hardships to which the survivors 
were subjected rendered them impatient of discipline, 
Difficulties produced a jealousy of the superior comfort in which 
ftD ttle S thC * ne ^ r President w ^s supposed to live, gave rise to dis- 
satisfaction and dissension which resulted in his being 
deposed, and Mr. Radcliff was elected to fill the vacancy. 
Election The new President, however, had no more means, nor 
President • yet the ability, to heal the maladies which now threat- 
his embar- ened the extinction of the Colony. Its numbers were 
' few, they were without wholesome provisions, were 
scantily clothed, and were withal enfeebled by exposure 
to the debilitating effects of the climate. To all these 
sources of embarrassment were added the annoyances 
and apprehension arising from the hostility of the 
natives. If human instrumentality could effect it, it 
needed the outlay of superior energy, and the influence 
of a daring and commanding spirit, to accomplish their 
Capt. preservation. In this emergency Capt. John Smith was 
e^Presi?" chosen to superintend its affairs. By his impetuous 
dent, energy and exertions a small fort was erected, of raw 
materials, for their defence, the natives were discom- 
fited, and the just expiring Colony was restored to a 
healthful vigor. 

Without knowing that this feeble settlement, composed 



THE UNITED STATES OF AMERICA. 55 

UNDER THE FIRST CHARTER. PART I. 

of a mere handful of men, was indeed the germ of a The first 
future nation, we might wonder at the folly and the * t p h e e j*^ 
temerity of those who sought to sustain it as affording don Com- 
the least prospect of meliorating the condition of the 
country in which it was planted. Scarce had it revived 
under its efficient head, when it was overtaken by a 
calamity which human wisdom would have pronounced 
to be the signal for its final and complete desolation. 
In devoting himself assiduously to the duties of his Captain 
station, and seeking to promote the interests of the com-^ c h e c g ™] 
pany, as well as the designs of his Sovereign, Capt. pioring the 
Smith undertook to explore to its source a neighboring 
river, called the Chicka-hominy. While engaged in 
this enterprise he was surprised by a party of Indians. Capture of 
He offered a resolute resistance to their numerous force, o ap ^u^ 

' Smith by 

until, finding himself about to be overpowered, he sought the In- 
to escape by flight, but becoming entangled in a swamp Ians " 
was taken prisoner by the natives. He elicited their 
veneration, and preserved himself from immediate mas- 
sacre by exhibiting to them a mariner's compass.* They * Marshall. 
bore him in savage merriment and exultation through 
several of their villages, and finally conveyed him to the 
tent of Powhattan the most powerful and renowned chief 
of their tribe. The chief sentenced him to death, and He is con- 
the sentence was directed to be executed by placing his demned to 
head on a block and beating it to pieces with a war-club. 
Pocahontas, the favorite daughter of the king, now 
about thirteen years of age, had become deeply inter- 
ested in the pale stranger, and earnestly supplicated for 
his life. But Powhattan, who had hitherto seemed 
friendly, having grown suspicious of the designs of the 
white man, was inexorable, and the prisoner was led 
out to be executed. His head was fastened to the fatal 
block and the instrument of death was impending over 
him. Just as it was about to descend Pocahontas Igsaj . e( j by 
rushed forward with a wild shriek, threw herself upon p °cahon- 
the victim, and covering his head with her own stayed 
the blow of the executioner. Powhattan was after- 



56 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

The first ward persuaded to spare his life, and after exchanging 
of the lS£ pledges of amity liberated and sent him to James- 
don Cora- tOWll. 

His return Prest. Captain Smith had been absent from the plant- 
to James- ation at Jamestown about six weeks, and a less resolute 
and daring spirit than his would at once have yielded 
Condition to despair at the condition in which he found it on his 
Colony on return. It was reduced to the number of thirty-eight 
the return persons who were just about to quit the country when 
&aith. he arrived. He endeavored to persuade them to desist 
from their intention, but not being successful he re- 
sorted to compulsion. Turning the guns of the fort 
upon the vessel in which they were embarking, he pre- 
sented to them the stern alternative to remain or die, 
* Marshall, and thus prevented their departure.* 
Effect of The adventure of President Smith with the Indians 
ture onthe was fruitful of good results. The terms of amity 
prospects agreed upon between himself and Powhattan concili- 
Colony. ated the natives so that thenceforth he obtained from 
them all needful supplies of provisions, by which means 
alone this remnant of a plantation was preserved from 
perishing. At this crisis in their history a vessel 
arrived from England laden with supplies, and bring- 
Further ing about one hundred, and twenty adventurers, " gen- 
arnvais tlemen, mechanics, and artificers." This timely ac- 
land, 1607. cession to their numbers brightened their prospects 
and would have materially re-invigorated the Colony 
Supposed had it not been that some shining dust was discovered 
of SC old- 7 * n tne k ec * °f a neighboring stream which was taken for 
dust, gold. 

1607— 8 

The settlers became so infatuated with the idea of 
Its effects suddenly enriching themselves with an abundance of the 
se P ttkrs he precious metal that they could not be made to think of 
or do anything else but to hunt after it. " It is almost 
impossible" says Marshall, "to conceive how much the 
prosperity of the plantation was retarded by this singu- 
lar delusion." It might, however, have been more dis 
astrous had it been a reality instead of a delusion. As 



THE UNITED STATES OF AMERICA. 57 

UNDER THE FIRST CHARTER. PART I. 

it was, it had rather the effect ultimately to relieve the The first 
settlement from the very embarrassments which it at first f th°e L<m! 
originated. The first exportation ever made from this d ° n Com- 

. pany. 

country was made at this time, in two barques, one ThcFirsfc 
freighted with cedar and the other with this dust.* Exporta- 
The arrival of such a cargo at their wharves in London, England, 
was of course made much of by the Company. Being * Marshall, 
heralded among the people, it had the effect to crowd its effects 
their office with applicants desirous to be transplanted p^pi e a e n(i 
at once to America. Thus while the small Colony in Company. 
Virginia was suffering from the baneful influences of 
the delusion here, the importance of the enterprise of 
settling the country was being magnified in the estima- 
tion of the Company and the people at home. Men of 
rank and consideration, capitalists and speculators, 
merchants and artizans, were eager to become members Excite- 
of the corporation, to be admitted into its councils, me "* m , 
and to participate in its settlements and adventures, and its 
The crown even was moved with an enthusiastic am- e 
bition to secure its settlement in order to add to the 
revenues of the kingdom. The result was, the issuing 
of a Second Charter. Meanwhile President Captain 
Smith was persevering in an able and judicious admin- state of 
istration of affairs in the infant Colony. So skillfully £ e Colony 
and adroitly did he over-rule the fever and excitement America, 
created by the supposed discovery of gold, that he made 
it the basis for a more efficient and permanent settle- 
ment of the country. He turned the thirst after it, 
among those who now came to the Colony, to his own Further 
purposes in making explorations of nearly all of the Expiora- 
territory now comprehended within the limits of Mary- Capt. 
land and Virginia. He thus surveyed and drew charts Smith * 
of its rivers, bays, inlets and harbors, which, with the 
accounts he gave of its resources, were so full and accu- Their value 
rate, that "after the progress of information a nd andextent * 
research for a century and a half they exhibit no inacu- 
rate idea of both countries, and are the original on 
which all subsequent delineations and descriptions have 



58 THE GOVERNMENTAL HISTORY OF 



Part I. 



The first been formed."* The colony remained under his aus- 
of£e L<m" pi c i° us administration until the year 1609, when hay- 
don Com- ing been severely wounded by an explosion of gun- 
•Robert- P ow der, ne was obliged to visit England for medical 
son. treatment. He left it with a population of about five 

Smithre- nun dred persons, sixty comfortable and convenient 
turns to dwellings, various implements of husbandry, and other 
I609? n ' nee dful appliances for its preservation and prosperity. 
Condition But the life and vigor which he had inspired seemed 
lTtfonT" to have departed with President Capt. Smith. He had 
the Colony scarcely gone ere the plantation relapsed into a singu- 
parture. l ar state of faction and misrule. Every principle of 
How af- self-preservation seemed to be lost, and it was fast verg- 
his leavmg m S to destruction. The settlers became divided and 
it- contentious among themselves, and also stirred up 

strifes with the Indians, and thus became a more easy 
prey to their treachery and resentment. Within less 
than one year after the departure of Capt. Smith 
their dwellings were conflagrated, their families butch- 
ered, and their numbers reduced to about sixty souls, 
who must inevitably have perished from exposure or 
starvation but for the timely arrival of Sir Thomas 
Gates and others. 
Arrival of Sir Thomas Gates had been dispatched from London 
Gates. n a with supplies and adventurers for the Colony, but his 
most valuable vessels, and a part of his crew, were lost 
by shipwreck near the Bermuda Islands while himself 
Voyage of and a few companions reached one of them in safety. 
Gates^and After remaining in this lonely and desolate region 
shipwreck for about nine months, they contrived to repair their 
sels. 'remaining vessels and re-embarked for Virginia. In- 
stead of finding, as they had anticipated, a thriving and 
prosperous settlement at Jamestown which could relieve 
their necessities, the scene of desolation and despair 
The set- which I have already described welcomed their arrival. 
BoivVto Seeing nothing before them but famine and massacre, 
abandon they resolved with the remnant of adventurers in the 
try, 1610. Colony to return to England. They made the neces- 



THE UNITED STATES OP AMERICA. 59 

UNDER THE FIRST CHARTER. PART I. 

sary preparations and embarked on the tenth day of n ° w P r e- 
June, 1610. Before they had fairly got under way, 
just as they were proceeding out of the bay, on the 
eighteenth of June, they were met by Lord De-La-War, 
who was accompanied with a large number of adven- 
turers. He persuaded them to return, recruited their 
numbers, supplied their necessities, and resettled them 
at Jamestown. Lord De-La-War and his company of 
adventurers, came to Virginia under a commission a Second 
issued to him by virtue of a second and distinct Charter cha rterap- 
from the Crown to the proprietors of the First Colony by the 
issued for the purpose of erecting them into a '^j, L ° °i 
distinct corporation and body politic, and " for the d0Q Com - 
further enlargement and explanation of the privi- 
leges of the said First Company and Colony of Vir- 
ginia." 

Upon the reception of Capt. Smith's surveys and 
chart in England, it was found that the grants con- 
tained in the previous charter, to the First and Second Issuing of 
Colonies, respectively run into and interfered with each charteTby 
other, while at the same time his explorations disclosed J ames I. 
a region of country much more extensive than had been 
hitherto supposed to exist in the New World. This 
second charter was issued in pursuance of a Petition 
presented to the Crown by the Proprietors of the First 
Colony, for the enlargement of the corporation, and 
also for a more liberal and specific grant of territory, 
powers, and privileges. 

It cites, in its first and second sections, the former 
grant, and the present application, and names in the 
third section, as members of the new corporation, 
over one thousand persons ; noblemen, lords, knights, 
divines, merchants, manufacturers, mechanics and arti- 
sans. Besides these it mentions trading companies of 
all descriptions, such as " merchants, grocers, mercers, Names of 
drapers, fishmongers, goldsmiths, spinners, merchant- t°rs\° rJ 
tailors, haberdashers, salters, iron-mongers, vintners, 
cloth-workers, dyers, brewers, leather-sellers, pewter- 



60 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

The Sec- erS) cutlers, white-bakers, brown-bakers, wax-chand- 
ter of lers, tallow-chandlers, armorers, girdlers, butchers, sad- 
fo th^Lon- ^ ers ' carpenters, cordwainers, barber-chirurgeons, paint- 
don Com- stainers, carriers, masons, plumbers, inn-holders, found- 
l^ieo^ ers, poulterers, cooks, coopers, brick-layers, bowyers, 
blacksmiths, joiners, weavers, woolmen, wood-mongers, 
scriveners, fruiterers, plasterers, stationers, embroider- 
ers, upholsterers, musicians, turners, gardeners, basket- 
makers, glaziers, and yeomen, — " together with such 
and so many as they do, or shall hereafter, admit to be 
joined with them in form hereafter in these presents 
expressed, whether they go in their persons, to be plant- 
ers there in the said Plantation, or whether they go 
not, but adventure their monies, goods, or chattels ; 
that they shall be one body or commonalty perpetual, 
and shall have perpetual succession, and one common 
seal, to serve for the said body or commonalty ; and 
that they, and their successors, shall be known, called, 
and incorporated by the name of 

New des- THE TREASURER AND COMPANY OP ADVENTURERS AND 

ofthTcor- Planters of the City of London, for the First Col- 
poration. qny of VIRGINIA. The Charter then proceeds, 
Power to IV. And that they and their successors, shall be 
^cuTid fr° m henceforth forever enabled to take, acquire and 
property, purchase, by the name aforesaid, (licence for the same, 
from us, our heirs, or successors first had and obtained,) 
any manner of lands, tenements, and hereditaments, 
goods, and chattels, within our Realm of England, and 
dominion of Wales. 
To plead V. And that they and their successors, shall like- 
p" e d a J e e d ™'wisebe enabled, by the name aforesaid, to plead and 
be impleaded, before any of our Judges or Justices, in 
any of our Courts, and in any actions or suits whatso- 
ever. 

VI. And we do also of our special grace, certain 
Confirma- knowledge, and mere motion, give, grant, and confirm 
former unto the said Treasurer and Company, and their suc- 
grants. cessors, under the reservations, limitations, and declara- 



THE UNITED STATES OP AMERICA. 61 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

tions, hereafter expressed, all those lands, countries, Second 

, . -, P Charter 

and territories, situate, lying and being m that part ot f James 
America called Virginia, from the point of land called J^JJ* 6 
Cape or Point Comfort,* all along the sea coast, to the Co., May 

23 1609 

northward two hundred miles ; and from the said point * T \ om 
of Cape Comfort, all along the sea coast to the south- Captain 
ward two hundred miles ; and all that space and circuit chart. 
lying from the sea coast to the precincts aforesaid, up 
into the land throughout from sea to sea west and north- 
west ; and also all the Islands, lying within one hundred 
miles, along the coast of both seas of the precinct afore- ^™nt of d 
said, together with all the soils, grounds, havens and territory, 
ports, mines, as well royal mines of gold and silver, as 
other minerals, pearls and precious stones, quarries, 
woods, rivers, waters, fishings, commodities, jurisdictions, 
royalties, privileges, franchises, and preheminences, with- 
in the said territories, and the precincts thereof, whatso- 
ever, and thereto and thereabouts, both by sea and land, 
being or in any sort belonging or appertaining, and 
which we, by our Letters Pattents, may or can grant, in 
as ample manner and sort, as we or any of our noble 
progenitors, have heretofore granted to any company, 
body politic, or corporate, or to any adventurer or ad- Former . 
venturers, undertaker or undertakers, of any discov- eluded 
eries, Plantations, or traffic, of, in or into any foreign herein - 
parts whatsoever, and in as large and ample manner, as 
if the same were herein particularly mentioned and 
expressed, To Have and To Hold, possess and enjoy, Haben- 
all and singular the said lands, countries and territo- 
ries, with all and singular other the premises hereto- 
fore by these presents granted, or mentioned to be 
granted, to them, the said Treasurer and Company, 
their successors and assigns forever ; to the sole and 
proper use of them, the said Treasurer and Company, 
their successors and assigns forever ; to be holden of us, Conditions 
our heirs, and successors, as of our Manour of East 
Greenwich, in free and common soccage, and not £»Reserva- 
capite ; yielding and paying therefor to us, our heirs, q™^ 



62 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Second and successors, the fifth part only of all ore of gold 

of James and silver, that from time to time, and at all times 

LondoJ 6 hereafter, sna11 b e then gotten, had, or obtained, for all 

Co., May manner of services. 

23 1609 

VII. And nevertheless our will and pleasure is, and 
we do, by these presents, charge, command, warrant 
and authorize, that the said Treasurer and Company, 
or their successors, or the major part of them, which 
shall, from time to time, under their common seal, dis- 
tribute, convey, assign, and set over, such particular 
Adventur- portions of lands, tenements, and hereditaments, by 
former er these presents formerly granted, unto such our loving 
grants. subjects, naturally born, or denizens, or others, as well 
adventurers as planters, as by the said Company (upon 
a commission of survey and distribution executed and 
returned for that purpose) shall be nominated, appoint- 
ed, and allowed ; wherein our will and pleasure is, that 
respect be had, as well of the proportion of the adven- 
turer, as to the special service, hazard, exploit, or merit 
of any person so to be recompensed, advanced, or 
rewarded. 
One Conn- VIII. And forasmuch as the good, and prosperous 
England. 1 " success of the said Plantation cannot but chiefly depend, 
next under the blessing of God, and the support of our 
royal authority, upon the provident and good direction 
of the whole enterprize, by a careful and understand- 
ing counccl, and that it is not convenient, that all the 
adventurers shall be so often drawn to meet and assem- 
ble as shall be requisite for them to have meetings and 
conference about the affairs thereof, therefore we do 
ordain, establish, and confirm, that there shall be per- 
petually one councel here resident, according to the 
tenour of our former letters pattents ; which counccl 
Council in shall have a seal, for the better government and ad- 
hayeT* t0 ministration of the said Plantation, besides the legal 
seal - seal of the Company or corporation, as in our former 

letters pattents is also expressed. 

IX. And further, we establish and ordain, that 



THE UNITED STATES OP AMERICA. 63 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

Henry, Earl of Southampton ; William, Earl of Pern- Second 
broke ; Henry, Earl of Lincoln ; Thomas, Earl of Exe- j ame s I. 
ter; Robert, Lord Viscount Lisle; Lord Theophilusjo^j; Lou- 
Howard ; James, Lord Bishop of Bath and Wells ; Ed- May 23,' 
ward, Lord Zouche ; Thomas, Lord La War ; William, 1609- 
Lord Monteagle ; Edmond, Lord Sheffield ; Grey, Lord 
Chandois ; John, Lord Stanhope ; George, Lord Carew; 
Sir Humphrey Weld, Lord Mayor of London ; Sir Ed- 
ward Cecil ; Sir William Wade ; Sir Henry Neville ; 
Sir Thomas Smith ; Sir Oliver Cromwell ; Sir Peter 
Man wood ; Sir Thomas Chaloner ; Sir Henry Hobart ; 
Sir Francis Bacon ; Sir George Coppin ; Sir John Scot ; JJ 6 ^ 6 ™ 
Sir Henry Carey ; Sir Robert Drury ; Sir Horatio King's 
Vere ; Sir Edward Conway ; Sir Maurice Berkeley ; En"iand! U . 
Sir Thomas Gates; Sir Michael Sandys; Sir Robert 
Mansel ; Sir John Trevor ; Sir Amias Preston ; Sir 
William Godolphin ; Sir Walter Cope ; Sir Robert Kil- 
ligrew ; Sir Henry Fanshaw ; Sir Edwin Sandys ; Sir 
John Watts ; Sir Henry Montague ; Sir William Rom- 
ney ; Sir Thomas Roe ; Sir Baptist Hicks ; Sir Richard 
Williamson ; Sir Stephen Poole ; Sir Dudley Digges ; 
Christopher Brooke, Esq ; John Eldred ; and John 
Wolstenholme ; shall be our councel for the said Com- 
pany of adventurers and planters in Virginia. 

X. And the said Sir Thomas Smith we do ordain to The Treas - 
be treasurer of the said Company ; which treasurer company. 
shall have authority to give order, for the warning of 
the councel and summoning the Company, to their To warn 

. -, .. meetings. 

courts and meetings. 

XL And the said Councel and Treasurer, or any of The Coun- 

them, shall be from henceforth, nominated, chosen, con- Treasurer 

tinued, displaced, changed, altered, and supplied, as of th « 

death, or other several occasions, shall require, out of how to be 

the company of the said adventurers, by the voice of the ch ° scn i 

and vacan- 

greater part of the said company and adventurers, in cics in, 
their assembly for that purpose : Provided always, that * u PP lied ' 
every councellor, so newly elected, shall be presented to oath of. 
to the Lord Chancellor of England or to the Lord Hmh 



64 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia. 

Second Treasurer of England, or to the Lord Chamberlain of 
James I., the household of us, our heirs, and successors, for the 
totheLon-^ nne |3 em ,r to take his oath of a councellor to us, our 

don Co., ° ' 

May 23, heirs, and successors, for the said company of adven- 
1609 * turers and Colony in Virginia. 

XII. And we do by these presents, of our special 
Deputy grace, certain knowledge, and mere motion, for us, our 
m r a 6 y S b u e r ^ r heirs, and successors, grant unto the said treasurer 
pointed, an <j Company, and their successors, that if it happen, 
when. at any time or times, the treasurer for the time 
being to be sick, or to have any such cause of absence 
from the City of London, as shall be allowed by the 
said Councel, or the greater part of them, assembled, 
so as he cannot attend the affairs of that Company, in 
every such case, it shall and may be lawful for such 
treasurer for the time being, to assign, constitute and 
appoint, one of the Councel or Company, to be likewise 
allowed by the Councel, or the greater part of them 
assembled, to be the Deputy Treasurer of the said 
Powers of Company ; which deputy shall have power to do and 
nty G Treas- execute all things which belong to the said treasurer, 
urer. during such time as such treasurer shall be either sick, 
or otherwise absent upon the cause allowed of by the 
said Councel, or the major part of them, as aforesaid, 
so fully and wholly, and in as large and ample manner 
and form, to all intents and purposes, as the said treas- 
urer, if he were present, himself might or could do and 
execute the same. 
The King's XIII. And further, of our special grace, certain 
^""andTo knowledge, and mere motion, for us, our heirs, and suc- 
appoint cessors, we do, by these presents, give and grant full 
mOTel'ii power and authority to our said Councel, here resident, 
officers in as we u a t this present time, as hereafter from time to 
ny. time, to nominate, make, constitute, ordain, and con- 

firm, by such name or names, stile or stiles, as to them 
shall seem good, and likewise to revoke, change, and 
alter, as well all and singular governors, officers, and 
ministers, which already have been made; as also 



THE UNITED STATES OP AMERICA. 65 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

which hereafter shall be by them thought fit and need- Second 
fnl to be made or used, for the government of the said James I., 
Colony and plantation. don h Co L °' n " 

XIV. And also to make, ordain, and establish all May 23) 
manner of orders, laws, directions, instructions, forms, u 
and ceremonies of government and magistracy, fit and 
necessary, for and concerning the government of the 
said Colony and Plantation ; and the same at all times 
hereafter, to abrogate, revoke, or change, not only T <> estab- 
within the precincts of the said Colony, but also upon f Govern- 
the seas in going and coming to and from the said Col-'" en * for 
ony, as they, in their good discretion, shall think to be ny. 
fittest for the good of the adventurers and inhabitants 
there. 

XV. And we do also declare, that, for divers reasons The pow- 
and considerations us thereunto especially moving, our p r s e °j dent e 
will and pleasure is, and we do hereby ordain, that a ? d . c °un- 
immediately from and after such time as any such gov- colony un- 
ernor or principal officer, so to be nominated and ap- £? r th J; 
pointed, by our said Councel, for the government of ter to 
the said Colony, as aforesaid, shall arrive in Virginia, ^f®' 
and give notice unto the Colony there resident of our 
pleasure in this behalf, the government, power and 
authority of the President and Councel, heretofore by 
our letters pattents there established, and all laws and 
Constitutions, by them formerly made, shall utterly 
cease and be determined ; and all officers, governors, 
and ministers formerly constituted and appointed shall 
be discharged ; any thing in our former letters pattents 
concerning the said Plantation contained in any "wise 
to the contrary notwithstanding ; straightly charging and 
commanding the President and Councel, now resident 
in the said Colony, upon their allegiance, after knowl- 
edge given unto them of our will and pleasure, by 
these presents signified and declared, that they forth- 
with be obedient to such governor or governors, as by 
our said Councel here resident, shall be named and 

appointed, as aforesaid, and to all directions, orders 
5 



THE GOVERNMENTAL HISTORY OF 



Part I. 



Second anc i commandments, which they shall receive from 

Charter of ' J . 

James I., them, as well in the present resigning and giving up of 
don Co n " their authority, offices, charge and places, as in all 
May 23, other attendance, as shall be by them, from time to 

time, required. 

XVI. And we do further, by these presents, ordain, 

and establish, that the said Treasurer and Council here 
how^admit res ident, anc ^ their successors, or any four of them, 
ted to the being assembled (the treasurer being one) shall from 
the* Com-° time ^° time, have full power and authority, to admit 
pany, and and receive any other person into their company, cor- 

how dis- . , „ - . * _ _ . . i 

franchised. poration, and freedom; and iurther, m a general assem- 
bly of the adventurers, with the consent of the greater 
part, upon good cause, to disfranchise and put out any 
person or persons, out of the said freedom and com- 
pany. 

Privilege XVII. And we do also grant and confirm, for us, our 

of mining, } ie j rs an( j successors, that it shall be lawful for the said 
&e. 

Treasurer and Company, and their successors, by direc- 
tion of the governors there, to dig and to search for all 
manner of mines of gold, silver, copper, iron, lead, tin, 
and all sorts of minerals, as well within the precinct 
aforesaid, as within any part of the main land, not for- 
merly granted to any other, and to have and enjoy the 
gold, silver, copper, iron, lead and tin, and all other 
minerals, to be gotten thereby, to the use and behoof 
of the said company of planters and adventurers yield- 
ing thereof and paying yearly, unto us, our heirs and 
successors, as aforesaid. 
Power to XA r III. And we do further, of our special grace, cer- 
aTventur- ^ am knowledge, and mere motion, for us, our heirs, and 
ors. successors, grant, by these presents, to and with the said 

Treasurer and Company, and their successors, that it 
shall be lawful and free for them, and their assigns, at 
all and every time and times hereafter, out of our realm 
of England, and out of all other our dominions, to take 
and lead into the said voyages, and for and towards the 
said plantation, and to travel thitherwards, and to abide 



THE UNITED STATES OF AMERICA. 67 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

and inhabit there in the said colony and plantation, all Second 
such and so many of our loving subjects, or any other jJEbL 
strangers, that will become our loving subjects and live to the LoQ - 
under our obedience, as shall willingly accompany them May 23,' 
in the said voyage and plantation; with sufficient ship- 1609, 

, .,. , May trans- 

pmg, armour, weapons, ordnance, munition, powder, por t ar- 
shot, victuals, and such merchandizes or wares, as are m ° ur ' vlct " 

' 7 uals, mer- 

esteemed by the wild people in those parts, clothing, chandize, 
implements, furniture, cattle, horses, and mares, and all t^thena 6 - 
other things, necessary for the said plantation, and for tives - 
their use 3,nd defence, and trade with the people there ; importa- 
and in passing and returning to and fro ; without yield- tl ? ns ° f 
ing or paying subsidy, custom, imposition, or any other ers free of 
tax or duty, to us, our heirs, or successors, for the space S eyJ n or 
of seven years from the date of these presents. iVo- years. 
vided, that none of the said persons be such, as shall be Proviso as 
hereafter, by especial name, restrained by us, our heirs, persons." 1 
and successors. 

XIX. And for their further encouragement, of our 
special grace and favor, we do, by these presents, for us, 
our heirs, and successors, yield and grant, to and with 
the said Treasurer and Company, and their successors, 
and every of them, their factors and assigns, that they 
and every of them, shall be free of all subsidies and Imports 
customs in Virginia for the space of one-and-twenty p" rt g *" f 
years, and from all taxes and impositions, for ever, upon the Com - 
any goods or merchandize, at any time or times here- f duty 21 
after, either upon importation thither, or exportation ^ ars ' and 
from them into our realm of England, or into any other &c, for- 
of our realms or dominions, by the said Treasurer and ever * 
Company, and their successors, their deputies, factors 
or assigns, or any of them : Except only the five pounds 
per cent, due for customs, upon all such goods and Exce P t 5 

1 ' l ° per ct. on 

merchandizes as shall be brought or imported into o ur goods im- 
realm of England, or any other of these our dominions, England!* 
according to the ancient trade of merchants ; which Then to be 
five pounds per cent, only being paid, it shall be thence- j^ ^ 
forth lawful and free for the said adventurers the same eign ports. 



68 



THE GOVERNMENTAL HISTORY OF 



Part I. 



VIRGINIA, 



Second 
Charter of 
James I. 
to the Lon- 
don Co., 
Slav 23, 
1609. 

Proviso. 



Power to 
expel in- 
truders 
from the 
Colony. 



Power to 
seize trad- 
ers not be- 
longing to 
the Colony. 



How to be 
treated if 
British 
subjects. 



goods and merchandizes to export, and carry out of our 
said dominions, into foreign ports, without any custom, 
tax, or other duty, to be paid to us, our heirs, or suc- 
cessors, or to any other our officers or deputies. Pro- 
vided, that the said goods and merchandize be shipped 
out, within thirteen months after the first landing with- 
in any part of those dominions. 

XX. And we do also grant and confirm to the said 
Treasurer and Company and their successors, as also to 
all and every such governor, or other officers and min- 
isters, as by our said Councel shall be appointed to have 
power, authority of government, and command, in or 
over the said colony or plantation ; that they, and every 
of them, shall and lawfully may, from time to time, and 
at all times forever hereafter, for their several defence 
and safety, encounter expulse, repel, and resist, by force 
and arms, as well by sea as by land, and all ways and 
means whatsoever, all and every such person and per- 
sons whatsoever, as (without the special licence of the 
said Treasurer and Company, and their successors) 
shall attempt to inhabit within the said several precincts 
and limits of the said colony and plantation; and also, 
all and every such person and persons whatsoever, as 
shall enterprize or attempt, at any time hereafter, 
destruction, invasion, hurt, detriment, or annoyance, to 
the said colony and plantation, as is likewise ^specified 
in the said former grant. 

XXI. And that it shall be lawful for the said Treas- 
urer and Company, and their successors, and every of 
them, from time to time, and at all times forever here- 
after, and they shall have full power and authority, to 
take and surprize, by all ways and means whatsoever, 
all and every person and persons whatsoever, with their 
ships, goods, and other furniture, trafficking in any har- 
bour, creek or place, within the limits or precincts of 
the said colony and plantation, not being allowed by 
the said Company to be adventurers or planters of the 
said colony, until such time as they, being of any 



THE UNITED STATES OP AMERICA. 69 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

realms and dominions under our obedience, shall pay Second 
or agree to pay, to the hands of the treasurer, or of ja^esi^ 
some other officer, deputed by the said governor of totheLon- 
Virginia (over and above such subsidy and custom, as May 23 ' 
the said Company is, or hereafter shall be, to pay) five 1609 - 
pounds per cent, upon all goods and merchandizes so 
brought in thither, and also live per cent, upon all goods 
by them shipped out from thence ; and being strangers, 
and not under our obedience, until they have paid (over How to be 
and above such subsidy and custom, as the said Treas- treat J: d . ^ , 
urer and Company, or their successors is, or hereafter subjects, 
shall be, to pay) ten pounds per cent, upon all such 
goods likewise carried in and out, anything in the said 
former Letters Pattents to the contrary notwithstand- 
ing: And the same sums of money and benefit, as Such duties 
aforesaid, for and during the space of one-and-twenty p^to^tiie 
years, shall be wholly employed to the benefit, use and use of the 
behoof of the said colony and plantation ; and after 2 i years. 
the said one-and-twenty years ended, the same shall be 
taken to the use of us, our heirs, and successors, by^e,,^^ 
such officers and ministers as by us, our heirs, or sue- t0 o t] } e use 

. , , . , of the 

cessors, shall be thereunto assigned and appointed, as Crown, 
is specified in the said former Letters Pattents. 

XXII. Also, we do, for us, our heirs, and successors, Colonists 
declare, by these presents, that all and every the per- and . t ^ ir 
sons, being our subjects, which shall go and inhabit to be con- 
within the said colony and plantation, and every of British 
their children and posterity , which shall happen to be subjects, 
born within any the limits thereof, shall have and enjoy 

all liberties, franchises, and immunities of free denizens 
and natural subjects, within any of our dominions, to 
all intents and purposes, as if they had been abiding 
and born, within this our realm of England, or in any 
other of our dominions. 

XXIII. And forasmuch, as it shall be necessary for Christiani- 
all such our loving subjects as shall inhabit within the n i ze d as'an 
said precincts of Virginia aforesaid, to determine to element in 

govern.- 

live together in the fear and true worship of Almighty me nt- 



70 



THE GOVERNMENTAL HISTORY OF 



Part I. 



VIRGINIA, 



Second 
Charter 
of James 
I. to the 
London 
Co., May 
23, 1609. 



Judicial 
and execu- 
tive pow- 
ers vested 
in the Co- 
lonial Gov- 
ernors and 
Council. 



Proviso. 



Colonial 
Governor 
empower- 
ed to en- 
force mar- 
tial law, 
in cases of 
rebellion 
or mutiny. 



God, christian peace, and civil quietness, each with 
other, whereby every one may, with more safety, 
pleasure, and profit, enjoy that whereunto they shall 
attain with great pain and peril ; We for us, our heirs, 
and successors, are likewise pleased and contented, and 
by these presents, do give, and grant unto the said 
Treasurer and Company, and their successors ; and to 
such governors, officers, and ministers, as shall be, by 
our said Councel, constituted and appointed, according 
to the nature and limits of their offices and places respect- 
ively, that they shall and may, from time to time forever 
hereafter, within the said precincts of Virginia ; or in 
the way by seas thither and from thence, have full and ab- 
solute power and authority, to correct, punish, pardon, 
govern and rule, all such, the subjects of us, our heirs 
and successors, as shall from time to time adventure 
themselves in any voyage thither, or that shall, at any 
time hereafter inhabit in the precincts and territories 
of the said colony as aforesaid, according to such orders, 
ordinances, constitutions, directions, and instructions, 
as by our said Councel, as aforesaid, shall be established ; 
and in defect thereof, in case of necessity, according to 
the good discretions of the said governor and officers, 
respectively, as well in cases capital and criminal as 
civil, both marine and other; so always as the said 
statutes, ordinances and proceedings, as near as con- 
veniently may be, be agreeable to the laws, statutes, 
government, and policy of this our Realm of Eng- 
land. 

XXIY. And we do further, of our special grace, 
certain knowledge, and mere motion grant, declare and 
ordain, that such principal governor, as, from time to 
time, shall duly and lawfully be authorized and ap- 
pointed, in manner and form in these presents hereto- 
fore expressed, shall have full power and authority, to 
use and exercise martial law, in cases of rebellion or 
mutiny, in as large and ample manner, as our Lieuten- 
ants in our counties, within this our realm of England, 



THE UNITED STATES OP AMERICA. 71 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

have or ought to have, by force of their Commission Second 
of Lieutenancy. J^fll 

XXV. And furthermore, if any person or persons, th e Lon- 
adventurers or planters of the said colony, or any other, May 23,' 
at any time or times hereafter, shall transport any 1609 - 
monies, goods, or merchandizes out of any of our king- frauduient- 
doms, with a pretense or purpose to land, sell, or other- ]y carrying 
wise dispose of the same, within the limits or bounds other than 
of the said colony, and yet nevertheless, being at sea,*!®^"^ 1 " 
or after he hath landed within any part of the saiddestina- 
colony, shall carry the same into any other foreign 
country, with a purpose there to sell and dispose there- 
of; that then all the goods and chattels of the said per- 
son, or persons, so offending and transported, together 

with the ship or vessel, wherein such transportation 
was made, shall be forfeited to us, our heirs and suc- 
cessors. 

XXVI. And further our will and pleasure is, that Construe- 
in all questions and doubts that shall arise, upon any charters 
difficulty of construction or interpretation of anything, to be most 
contained either in this, or in our said former letters to Patent- 
pattents, the same shall be taken and interpreted, in ees - 
most ample and beneficial manner for the said Treas- 
urer and Company, and their successors, and every 
member thereof. 

XXVII. And further we do by these presents, ratify Former 
and confirm unto the said Treasurer and Company, and confirmed 
their successors, all the privileges, franchises, liberties, 

and immunities, granted in our said former letters 
pattents, and not in these our letters pattents revoked, 
altered, changed, or abridged. 

XXVIII. And finally, our will and pleasure is, and Adventur- 
we do further, hereby, for us, our heirs, and successors, 1™ JSjf 
grant and agree, to and with the said Treasurer and tedtothe 
Company, and their successors, that all and singular enSFed to 
person and persons, which shall, at any time or times, a Mjj[ ea 
hereafter adventure any sum or sums of money, in and as if here- 
towards the said Plantation of the said colony in Vir- in named " 



72 THE GOVERNMENTAL HISTORY OF 

Part I. tirginia, 

Second ginia, and shall be admitted by the said Councel and 
James Vto Company, as adventurers of the said Colony, in form 
the Lon- aforesaid, and shall be enrolled in the book or records 
May 23,' of the adventurers of the said Company, shall and may 
1609, be accounted, accepted, taken, held, and reputed, ad- 
venturers of the said colony, and shall and may enjoy 
all and singular grants, privileges, liberties, benefits, 
profits, commodities, and immunities, advantages, and 
emoluments, whatsoever, as fully, largely, amply, and 
absolutely, as if they, and every of them, had been pre- 
cisely, plainly, singularly, and distinctly, named and 
inserted in these our letters pattents. 
Protest- XXIX. And lastly, because the principal effect 
autism which we can desire or expect of this action, is, the 

recognized . 

as opposed conversion and reduction of the people in those parts 

ism R and n " unto the true worslli P o f God and the Christian reli- 
the latter gion, in which respect we should loath that any person 
against, should be permitted to pass that we suspected to affect 
the superstitions of the Church of Rome ; We do here- 
by declare, that it is our will and pleasure, that none 
be permitted to pass in any voyage, from time to time 
to be made into the said country but such as shall first 
Oath of have taken the Oath of Supremacy ; for which purpose, 
to bTad- 07 we ^°' by these presents, give full power and authority, 
ministered to the Treasurer for the time being, and any three of 
venturers the Councel, to tender and exhibit the said oath, to all 
k ef ° re . em "such persons, as shall, at any time, be sent and em- 
and by ployed in the said voyage : 

| v °g' Although express mention of the true yearly value 

description or certainty of the premises, or any of them, or of any 
ises^noTto other gifts or grants by us, or any of our progenitors 
be prejudi- or predecessors, to the aforesaid Treasurer and Com- 
adventur- pany heretofore made, in these presents is not made ; 
er8, or any act, statute, ordinance, provision, proclamation, 

or restraint, to the contrary thereof had, made, ordained, 
or provided, or any other thing, cause or matter, what- 
soever, in any wise notwithstanding, In witness whereof, 
We have caused these our letters to be made pattent. 



THE UNITED STATES OF AMERICA. 73 

SECOND AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

Witness ourself at Westminster, the twenty-third day 
of May, 1609, in the seventh year of our reign of Eng- 
land, France and Ireland ; and of Scotland the xxx. 

Per Ipsum Regem — Lukin. 



It required, as we have seen, no special exercise of Lord De- 
the powers conferred in the fifteenth section of this Admluis- 
Charter to invest Lord De-La-War, on his arrival in Nation. 
Virginia, with the ample enjoyment of his title of Gov- 
ernor and Captain General of the colony, or the un- 
embarrassed exercise of Ms powers. After resettling 
the adventurers at Jamestown, he entered upon the dis- 
charge of his duties with energy, firmness, prudence, 
and decision. He restored the plantation to a state of 
union, harmony, and good government, while at the 
same time he inspired the natives with veneration, and 
awe of his authority. But declining health prevented 
him from long discharging the duties of his important 
and responsible position. He consequently resigned His resig- 
the government into the hands of Mr. George Percy, natl0U - 
one of his associates ; and sailed for the West Indies, 
leaving about two hundred inhabitants in the colony, 
in the enjoyment of health, tranquillity, and plenty.* * Marshall. 

There is nothing particularly interesting, or impor- 
tant to our purpose, connected with the local history of 
the colony in America at this period. The form of condition 
government under which it existed was hardly tangible, of tu <* 
and not illustrative of the operation of any of the pro- F^Ame'rU 3 
visions of the new charter. The settlers lapsed into ca » 1611 - 
a lewd and disorderly state, leading rather a vagrant 
life,f restless, and impatient of restraint. The settle- \ See Third 
nient itself must be regarded as a nucleus for further g^f^' 
experiments and observations by the Company, rather Post, 
than the actual commencement of a well ordered and 
permanently established frame-work of social or politi- 
cal organization. 

The shipwreck of Sir Thomas Gates near the Bermu- 



74 THE GOVERNMENTAL. HISTORY OF 

Part I. Virginia, 

das; the passing to and fro of transport and trading, 
vessels, not as yet numerously or heavily freighted with 
adventurers, or merchandize; disclosed, from time to 
General time, the existence of various Islands in the intervening 
results of and adjacent sea, which attracted the direct attention 
peditions 0I " the Company, more than their small plantation in 
of the Co. Virginia. Their chief ambition seeming to have been, 
to grasp all, and then more minutely to concern them- 
selves about its particular occupancy and government. 
Third We niust therefore leave Virginia for a brief season 
Charter to an( j no t e the more appropriate operations and embar- 
don Co. rassments of the Corporation in England. These will 
* See Sees, sufficiently appear from the provisions* of a third 
vni, ix, an cnar £ er ^ -phe London Company at this time issued to 
them by the Crown. This charter commences by reci- 
ting in its first and second sections, by way of pream- 
ble, the application for the second charter, the name 
under which the Company was thereby incorporated, 
See Ante, and the enlarged boundaries as described in its sixth 

section, and proceeds : 
Preamble III. Now, forasmuch as we are given to understand, 
Third 6 * na t in those seas, adjoining to the said coast of Vir- 
Charter. ginia, and without the compass of those two hundred 
miles, by us so granted unto the said Treasurer and 
Company, as aforesaid, and yet not far distant from the 
said colony in Virginia, there are, or may be, divers 
lands, lying desolate and uninhabited, some of which 
are already made known and discovered, by the indus- 
try, travel, and expences of the said Company, and 
others also are supposed to be and remain, as yet, un- 
known and undiscovered, all and every of which it may 
import the said colony, both in safety and policy of 
trade, to populate and plant, in regard whereof, as well 
for the preventing of peril, as for the better commodity 
and prosperity of the said colony, they have been hum- 
ble suitors unto us, that we would be pleased to grant 
unto them an enlargement of our said former letters 
pattents, as well as for a more ample extent of their 



THE UNITED STATES OF AMERICA. 75 

THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

limits and territories into the seas, adjoining to and Third 
upon the coast of Virginia, as also for some other mat- j ames i. 
ters and articles, concerning the better government of *■? th * Loa_ 

° D don Co., 

the said Company and Colony, in which point our said March 12, 
former letters pattents do not extend so far, as time and 1 \ }~ 12f 

1 7 Deficiency 

experience hath found to be needful and convenient, of former 

IV. "We therefore, tendering the good and happy sue- patents ' 
cess of the said plantation, both in regard of the gen- Motive to 
eral weal of human society, as in respect of the good i e grant " 
of our own estate and kingdoms, and being willing to 
give furtherance to all good means that may advance 
the benefit of the said Company, and that may secure 
the safety of our loving subjects, planted in our said 
colony under the favor and protection of God Almighty, 
and of our royal power and authority, have therefore 
of our especial grace, certain knowledge, and mere 
motion, given, granted, and confirmed, and for us, our 
heirs and successors, we do, by these presents, give, 
grant, and confirm, to the said Treasurer and Company 
of adventurers and planters of the City of London for 
the First Colony of Virginia, and to their heirs and suc- 
cessors, forever, all and singular those Islands whatso- 
ever, situate and being in any part of the ocean seas Precincta 
bordering upon the coast of our said First Colony in en arge ' 
Virginia, and being within three hundred leagues of 
any the parts heretofore granted to the said Treasurer 
and Company, in our said former letters pattents, as 
aforesaid, and being within or between the one-and-for- 
tieth and thirtieth degrees of Northerly latitude, togeth- 
er with all and singular soils, lands, grounds, havens, 
ports, rivers, waters, fishings, mines and minerals, pearls, Amplifica- 
precious stones, quarries, and all and singular other tlonof 

. ,. . ^ powers, 

commodities, jurisdictions, royalties, priviliges, fran- privileges, 
chises and preheminences, both within the said tract of 
land upon the main, and also within the said Islands 
and seas adjoining, whatsoever, and thereunto or there- 
abouts both by sea and land being, or situate; and 
which, by our letters pattents, we may or can grant, 



76 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Third and in as ample manner and sort, as we, or any our 
James I. noble progenitors, have heretofore granted to any per- 
to the Lon- S011 or persons, or to any company, body politic, or 
March its, corporate, or to any adventurer or adventurers, under- 
ibii-12. fai^Qj. or undertakers, of any discoveries, plantations, 
or traffic, of, in, or into, any foreign parts whatsoever, 
and in as large and ample manner, as if the same were 
herein particularly named, mentioned, and expressed. 
Proviso. Provided always, that the said Islands, or any the 
premises herein mentioned, or by these presents, intend- 
ed, or meant to be granted, be not actually possessed 
or inhabited by any other christian prince or estate, 
nor be within the bounds, limits, or territories of the 
Northern Colony, heretofore by us granted to be plant- 
ed by divers of our loving subjects in the North parts 
Haben- of Virginia: To have and to hold, possess and enjoy, 
dum# all and singular the said Islands, in the said ocean seas 
so lying, and bordering upon the coast and coasts of the 
territories of the said First Colony in Virginia, as afore- 
said, with all and singular the said soils, lands, and 
grounds, and all and singular other the premises, here- 
tofore by these presents granted, or mentioned to be 
granted, to them, the said Treasurer and Company of 
adventurers and planters of the City of London for the 
first colony in and to their heirs, successors, and assigns, 
forever, to the sole and proper use and behoof of them, 
the said Treasurer and Company, and their heirs, and 
successors and assigns forever ; to be holden of us, our 
Conditions heirs, and successors, as of our manor of East Green- 
of Tenure. w j cn ? m f ree an d common soccage, and not in capite; 
yielding and paying therefore to us, our heirs, and suc- 
cessors, the fifth part of the ore of all gold and silver, 
which shall be there gotten, had, or obtained, for all 
manner of services whatsoever. 
Additional V. And further, our will and pleasure is, and we do 
ers^admU- ^ these presents, grant and confirm, for the good and 
ted, and welfare of the said plantation ; and that posterity may 
w y ' hereafter know, who have adventured and not been 



THE UNITED STATES OP AMERICA. 77 

THIRD AND SKPARATE CHARTER TO THE FIRST COLONY. PART I. 

sparing of their purses in such a noble and generous T i hird 
action for the general good of their country, and at the James L, 
request, and with the consent of the company afore- ^ h C( ^ on " 
said, that our trusty and well-beloved subjects, George, March 12, 

1 ftl 1 

Lord Arch-Bishop of Canterbury ; Henry, Earl of 
Huntington ; Edward, Earl of Bedford ; Richard, Earl 
of Clanrickard, <fcc, who since our said last letters pat- 
tents are become adventurers, and have joined them- 
selves with the former adventurers and planters, of the 
said company and society, shall, from henceforth, be 
reputed deemed, and taken to be, and shall be breth- 
ren and free members of the Company, and shall and 
may, respectively, and according to the proportion and 
value of their several adventures, have, hold, and 
enjoy, all such interests, right, title, privileges, pre- To ,iay e 
hemincnces, liberties, franchises, immunities, profits, j^g™ with' 
and commodities, whatsoever, in as large and ample, former ad " 

° l ' venturers. 

and beneficial manner, to all intents, constructions, 
and purposes, as any other adventurers, nominated and 
expressed in any our former letters pattents, or any of 
them, have or may have, by force and virtue of these 
presents, or any our former letters pattents, whatso- 
ever. 

VI. And we are further pleased, and we do, by these 
presents, grant and confirm that Philip, Earl of Mont- 
gomery ; William, Lord Paget ; Sir John Starrington, 
Kn't, &c, whom the said Treasurer and Company have, 
since the said last letters pattents, nominated and set 
down, as worthy and discreet persons, fit to serve us Addition 
as Counccllors, to be of our Councel for the said planta- t k^'s 
tion ; shall be reputed, deemed, and taken as persons Council, 
of our said Councel for the said First Colony, in such 
manner and sort, to all intents and purposes, as those 

who have been formerly elected and nominated, as our 
Counccllors for that colony, and whose names have 
been or are inserted and expressed, in our said former 
letters pattents. 

VII. And we do hereby ordain and grant, by these 



78 THE GOVERNMENTAL HISTORY OF 

Part I. yirginia, 

Third presents, that the said Treasurer and Company of ad- 
James I., venturers and planters aforesaid, shall and may, once 
to the Lou- every week, or oftener, at their pleasure, hold and keep 
March 12, a Court and Assembly, for the better order and govern- 
. ~ "" ment of the said plantation, and such things as shall 
panv to concern the same ; and that any five persons of our 
weekly Councel for the said First Colony in Virginia, for the 
Courts. time being, of which company the Treasurer, or his 
?-° t w t ^ n " deputy, to be always one, and the number of fifteen 
others at the least, of the generality of the said Com- 
pany, assembled together in such manner as is and 
hath been heretofore used and accustomed, shall be said, 
taken, held, and reputed to be, and shall be a sufficient 
Court of the said Company, for the handling, and order- 
ing, and dispatching of all such casual and particular 
occurrences, and accidental matters, of less conse- 
quence and weight, as shall, from time to time, happen 
touching and concerning the said plantation. 
Great and VIII. And that nevertheless, for the handling, order- 
Courts es- ing and disposing of matters and affairs of greater 
tablished. wc ight and importance, and such as shall or may, in 
any sort, concern the public weal and general good of 
the said Company and plantation, as namely the man- 
ner of government from time to time to be used, the 
ordering and disposing of the lands and possessions, 
To hold an( j £j ie sc ttling and establishing of a trade there, or 

four terms ° ° 

a year. such like, there shall be held and kept every year, upon 
the last Wednesday save one of Hilary Term, Easter, 
Trinity, and Michaelmas terms, for ever, one great, 
general, and solemn assembly, which our assemblies 
Stile of the shall be stile d and called The four Great and Gen- 
Com-ts. eral q ourts 0P THE Council and Company of Adven- 
turers for Virgenia. In all and every of which said 
Great and General Courts, so assembled, our will and 
pleasure is, and we do, for us, our heirs, and success- 
ors, for ever, give and grant to the said Treasurer and 
Company, and their successors, for ever, by these pres- 
ents, that they, the said Treasurer and Company, or 



THE UNITED STATES OF AMERICA. 79 

THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

the greater number of them, so assembled, shall and Third 
may have full power and authority, from time to time, James I. 
and at all times hereafter, to elect and choose discreet t J oth 5, Lon ' 

. t don Co., 

persons, to be of our said Councel, for the said First March 12, 
Colony in Virginia ; and to nominate and appoint such b 1_12 ' 
officers, as they shall think fit and requisite, for the& c . 
government, managing, ordering and dispatching of 
the affairs of the said company ; and shall likewise 
have full power and authority to ordaine and make such 
laws and ordinances, for the good and welfare of the 
said plantation, as to them, from time to time, shall be 
thought requisite and meet : so always as the same be Proviso. 
not contrary to the laws and statutes of this our realm 
of England; And shall, in like manner, have power Powers 
and authority to expulse, disfranchise, and put out of que nts. 
and from their said company and society, forever, all 
and every such person and persons, as having either 
promised, or subscribed their names, to become adven- 
turers to the said plantation of the first colony in Vir- 
ginia, or having been nominated for adventurers, in 
these or any other our letters pattents, or having been 
otherwise admitted and nominated to be of the said 
company, have nevertheless either not put in any ad- 
venture at all for and towards the said plantation, or 
else have refused and neglected, or shall refuse and 
neglect to bring in his or their adventure, by word or 
writing promised, within six months after the same 
shall be so payable and due. 

IX. And whereas the failing and non-payment of Unpaid 
such monies as have been promised in adventure for tions!" 1 *" 
the advancement of the said plantation, hath been 
often by experience found to be dangerous and preju- 
dicial to the same, and much to have hindered the pro- 
gress and proceeding of the said plantation, and for 
that it seemeth unto us a thing reasonable, that such 
persons as by their handwriting have engaged them- Judges to - 
selves for the payment of their adventures, and after- ^'° s ^" lts 
wards neglecting their faith and promise, should be scriptions. 



80 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Third compelled to make good and keep the same : therefore 

Charter of .„ , . • ,, , . . . 

James I., our will and pleasure is, that in any suit or suits, com- 
totheLon- mence( j or to De commenced, in any of our Courts at 

don Co., _^ . ' ^ 

March, 12, Westminster, or elsewhere, by the said Treasurer and 
1611-12. c om p anVj or otherwise, against any such persons, that 
our Judges for the time being, both in our Court of 
Chancery, and at the Common Pleas, do favor and fur- 
ther the said suits, so far forth as law and equity will, 
in any wise, further and permit. 
Admission X. And we do, for us, our heirs, and successors, 

of new further give and grant to the said Treasurer and 
members. i . 

Company, or their successors, for ever, that they, the 

said Treasurer and Company, or the greater part of 
them, for the time being, so in a full and general court 
assembled, as aforesaid, shall and may, from time to 
time, and at all times forever hereafter, elect, choose, 
. and admit into their company and society, any person 
of aliens or persons, as well strangers and aliens, born in any 
ffers Stran " P ar ^ b e y° n( l the seas wheresoever, being in amity with 
us, as our natural liege subjects, born in any our 
realms, and dominions ; and that all such persons, so 
elected, chosen and admitted to be of the said com- 
pany, as aforesaid, shall thereupon be taken, reputed, 
and held, and shall be, free members of the said com- 
pany, and shall have, hold, and enjoy, all and singular 
Privileges freedoms, liberties, franchises, privileges, immunities, 
of mem- benefits, profits, and commodities, whatsoever, to the 
admitted. sa ^ company in any sort belonging or appertaining, as 
fully, freely, and amply, as any other adventurers, now 
being, or which hereafter at any time shall be, of the 
said company, hath, have, shall, may, might or ought 
to have and enjoy the same, to all intents and purposes 
whatsoever. 
May solicit XI. And we do further of our special grace, certain 
port emi- knowledge, and mere motion, for us, our heirs, and suc- 
grants. cessors, give and grant unto the said Treasurer and 
Company, and their successors, for ever, by these pres- 
ents, that it shall be lawful and free for them and their 



THE UNITED STATES. OP AMERICA. 81 

THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART. I 



assigns, at all and every time and times hereafter, out Third 
of any our realms and dominions whatsoever, to take, ^* rte J° f 
lead, carry, and transport, in and into the said voyage, the Lon- 
and for and towards the said plantation, of our said March^, 
First Colony in Virginia, all such and so many of our 1611-12. 
loving subjects, or any other strangers that will become 
our loving subjects and live under our allegiance, as 
shall willingly accompany them in the said voyages and 
plantation, with shipping armour, weapons, ordnance, 
munition, powder, shot, victuals, and all manner of 
merchandizes and wares, and all manner of clothing, 
implements, furniture, beasts, cattle, horses, mares, and 
all other things necessary for the said plantation, and 
for their use and defence, and for trade with the people Goods, &c 
there, and in passing and returning to and from, with- duty^or 
out paying or yielding any subsidy, custom or imposition, seveQ 
either inward or outward, or. any other duty to us, our 
heirs, or successors, for the same, for the space of seven 
years from the date of these presents. 

XII. And we do further, for us, our heirs, and sue- Oaths of 
cessors, give and grant to the said Treasurer and Com- supr ^? a " 
pany, and their successors, for ever, by these presents, allegiance, 
that the said Treasurer of that Company, or his deputy, 

for the time being, or any two other of the said coun- 
cel for the said First Colony in Virginia, for the time 
being, or any two other, at all times hereafter, and from 
time to time, have full power and authority, to minis- 
ter and give the oath and oaths of supremacy and alle- 
giance, or either of them, to all and every person and 
persons which shall at any time or times hereafter, go 
or pass to the said colony, in Virginia: 

XIII. And further, that it shall be lawful likewise other 
for the said Treasurer, or his deputy, for the time 0aths * 
being, or any two or others of our said councel for the 
said First Colony in Virginia, for the time being, from 
time to time, and at all times hereafter, to minister 
such a formal oath, as by their discretion shall be rea- 
sonably devised, as well unto any person or persons, 

6 



82 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Third employed in, for, or touching the said plantation, for 
James 1° ^ ieir honest, faithful, and just discharge of their service, 
to the Lon- j n all such matters, as shall be committed unto them 
March i.2, f° r the good and benefit of the said company, colony 
1611-12. an( j plantation ; As also unto such other person or per- 
sons, as the said Treasurer or his deputy, with two 
others of the said councel, shall think meet, for the 
Discre- examination and clearing of the truth, in any cause 
Oaths 7 whatsoever concerning the «said plantation, or any busi- 
ness, from thence proceeding, or thereunto belonging. 
Of deser- XIV. And furthermore, whereas we have been cer- 
mterepre d - ti^d? that divers lewd and ill disposed persons, both 
sentations. sailors, soldiers, artificers, husbandmen, labourers, and 
others ; having received wages, apparel, and other enter- 
tainment, from the said company, or having contracted 
and agreed with the said company, to go, or to serve, 
or to be employed, in the said plantation of the said 
First Colony in Virginia, have afterwards either with- 
drawn, hid, or concealed themselves, or have refused to 
go thither, after they have been so entertained and 
. agreed withal ; and that divers and sundry persons also, 
which have been sent and employed in the said planta- 
tion of the said First Colony in Virginia, at and upon 
the charge of the said company, and having there mis- 
behaved themselves, by mutinies, sedition, or other no- 
torious misdemeanors, or having been employed and sent 
abroad, by the Governour of Virginia, or his deputy, 
with some ship or pinnace, for our provisions of the 
said colony, or for some discovery, or .other business 
and affairs concerning the same, have from thence most 
treacherously, either come back again and returned 
unto our realm in England, by stealth, or without 
licence of our Governour of our said Colony in Vir- 
ginia, for the time being, or have been sent thither, as 
misdoers and offenders ; and that many also of those 
persons, after their return from thence, having been 
questioned by our said councel here, for such their mis- 
behaviors and offences, by their insolent and contempt- 



THE UNITED STATES OP AMERICA. 83 

THIRD AND SEPARATE CHARTER TO THE FIRST COLONY. PART I. 

uous carriage in the presence of our said councel, have Third 
showed little respect and reverence, either to the place, j amea j. 
or authority in which we have placed and appointed t0 the Lon - 
them ; and others, for the colouring of their lewdness March 12, 
and misdemeanors, committed in Virginia, have endeav- 1611-12 - 
ored, by most vile and slanderous reports, made and tempts to 
divulged, as well of the country of Virginia, as also dls P a ™ge 

a ' J ° ' the Cora- 

of the government and estate of the said plantation pany and 
and colony, as much as in them lay, to bring the said ° ony * 
voyage and plantation into disgrace and contempt ; by 
means whereof, not only the adventurers and planters, 
already engaged in the said plantation have been ex- 
ceedingly abused and hindered, and a great number of 
other our loving and well disposed subjects, otherwise 
well affected, and enclined to join and adventure in so Discourag- 
noble, christian, and worthy an action, have been dis- " u f e a rs vea * 
couraged from the same, but also the utter overthrow 
and ruin of the said enterprize hath been greatly en- 
dangered, which cannot miscarry without some dishonor 
to us and our kingdom ; 

XV. Now, forasmuch as it appeareth to us, that Source of 
these insolences, misdemeanors, and abuses, not to be or d S e e rs 1S * 
tolerated in any civil government, have for the most 
part, grown and proceeded, in regard our said coun- 
cel have not any direct power and authority, by any 
express words in our former letters patents, to correct 
and chastise such offenders ; We therefore, for the more Remedial 
speedy reformation of so great and enormous abuses P r0vlsl0U - 
and misdemeanors, heretofore practised and committed, 
and for the prevention of the like hereafter, do, by 
these presents, for us, our heirs, and successors, give 
and grant to the said Treasurer and Company, and 
their successors, forever ; that it shall and may be law- 
ful for our said councel for the said First Colony in Power to 
Virginia, or any two of them (whereof the said Treas- anYpun- 
urer, or his deputy, for the time being, to be always 'sh- 
one) by warrant under their hands, to send for, or to 
cause to be apprehended, all and every such person, 



84 THE GOVEKNMENTAL HISTOEY OF 

Part I. Virginia, . 

Third and persons, who shall be noted, or accused, or found, 
Charter of a t an y time or times hereafter, to offend or misbehave 

James 1. to ^ . 7 

the Lon- themselves, in any the offences before mentioned and 

March 12, expressed; And upon the examination of any such 

I6H-12. offender or offenders, and just proof made by oath, 

Accused taken before the said councel, of any such notorious 

how tried, . J 

&c. misdemeanors by them committed, as aforesaid ; And 

also upon any insolent and contemptuous, or indecent 
carriage, and misbehavior, to or against our said coun- 
cel, shewed or used by any such persons, so called, con- 
vented, and appearing, before them as aforesaid ■; that in 
Where to all such cases, they, our said councel, or any two of them, 
ed for the time being, shall and may have full power and 

authority, either here to bind them over with good 
sureties for their good behavior, and further therein to 
proceed, to all intents and purposes, as it is used, in 
other like cases, within our Realm of England ; or else, 
at their discretion, to remand and send them back, the 
said offenders, or any of them, unto the said colony in Vir- 
ginia, there to be proceeded against and punished, as the 
governor, deputy, or councel, there, for the time being, 
shall think meet ; or otherwise according to such laws 
and ordinances, as are and shall be in use there, for the 
well ordering and good government of the colony. 
The Com- XVI. And for the more effectual advancing of the 
establish sa id plantation, we do further, for us, our heirs, and 
Lotteries, successors, of our especial grace and favor, by virtue of 
our Prerogative Royal, and by the assent and consent 
of the Lords and others of our Privy Councel, give and 
grant unto the said Treasurer and Company, full power 
and authority, free leave, liberty, and licence, to set 
forth, erect, and publish, one or more lottery or lot- 
teries, to have continuance, and to endure and be held, 
for the space of one whole year, next after the opening 
of the same; and after the end and expiration of the 
said term, the said lottery or lotteries to continue and 
be further kept, during our will and pleasure only, and 
not otherwise. And yet nevertheless, we are contented 



THE UNITED STATES OF AMERICA. 85 

THIRD AND SEPARATE CIIARTER TO THE FIRST COLONY. PART I. 

and pleased, for the good and welfare of the said plan- Third 
tation, that the said Treasurer and Company shall, for Jame8 L 
the dispatch and finishing of the said lottery or lotte- d ° jj 1 ^ ° n " 
ries, have sis months warning after the said year ended, March 12, 
before our will and pleasure shall, for and on that behalf, 1611_12 - 
be construed, deemed, and adjudged, to be in any wise 
altered or determined. 

XVII. And our further will and pleasure is, that the Lotteries, 
said lottery or lotteries shall and may be opened, and be opened, 
held, within our City of London, or in any other City 

or Town, or elsewhere, within this our Realm of Eng- 
land, with such prizes, articles, conditions, and limita- 
tions, as to them, the said Treasurer and Company, at 
their discretion shall seem convenient. 

XVIII. And that it shall and may be lawful, to and May ap- 
for the said Treasurer and Company, to elect and choose, Lera of 
receivers, auditors, surveyors, commissioners, or any l }} e Lott e- 
other officers, whatsoever, at their will and pleasure, for 

the better marshalling, disposing, guiding, and govern- 
ing of the said lottery and lotteries ; and that it shall 
likewise be lawful, to and for the said Treasurer, and 
any two of the said councel, to minister to all, and 
every such person, so elected and chosen for officers, as 
aforesaid, one or more oaths, for their good behaviour, 
just and true dealing, in and about the said lottery or 
lotteries, to the intent and purpose, that none of our 
loving subjects, putting in their names, or otherwise 
adventuring in the said general lottery or lotteries, 
may be, in any wise, defrauded and deceived of their 
said monies, or evil and indirectly dealt withal in their 
said adventures. 

XIX. And we further grant in manner and form May pub- 
aforesaid, that it shall and maybe lawful, to and fiwljj* 1 ^ 
the said Treasurer and Company, under the seal of the of their 
said councel for the plantation, to publish, or to cause ° enes ' 
and procure to be published, by proclamation or other- 
wise (the said proclamation to be made in their name 

by virtue of these presents) the said lottery or lotte- 



86 



THE GOVERNMENTAL HISTORY OF 



Part I. 



Third 
Charter of 
James I. 
to the Lon- 
don Co., 
March 12, 
1611-12. 



Patents to 
be con- 
strued 
beneficial- 



Former 
Grants, 
&c, con- 
firmed. 



* 1. Hen- 

ning's 
Statutes at 
Large — 



ries in all cities, towns, boroughs, and other places 
within our said Realm of England; and we will and 
command all mayors, justices of the peace, sheriffs, 
bailiffs, constables, and other officers and loving sub- 
jects, whatsoever, that, in no wise, they hinder or delay 
the progress and proceedings of the said lottery or 
lotteries, but be therein touching the premises, aiding 
and assisting, by all honest, good, and lawful means 
and endeavours. 

XX. And further our will and pleasure is, that in all 
questions, and doubts, that shall arise, upon any diffi- 
culty of construction or interpretation of any thing 
contained in these, or any other our former letters 
pattents, the same shall be taken and interpreted, in 
most ample and beneficial manner for the said Treas- 
urer and Company, and their successors, and every 
member thereof. 

XXI. And lastly, we do by these presents, ratify and 
confirm unto the said Treasurer and Company, and 
their successors, for ever; all and all manner of privi- 
leges, franchises, liberties, immunities, preheminences, 
profits, and commodities, whatsoever, granted unto them 
in any our former letters pattents, and not in these pres- 
ents revoked, altered, changed, or abridged; although 
express mention of the true yearly value or certainty 
of the premises, or any of them, or of any other gift or 
grant, by us or any of our progenitors, or predecessors, 
to the aforesaid Treasurer and Company heretofore 
made, in these presents is not made; or any statute, 
act, ordinance, provision, proclamation; or restraint to 
the contrary thereof heretofore made, ordained, or pro- 
vided, or any other matter, cause, or thing whatsoever, 
to the contrary, in any wise, notwithstanding. 

In witness whereof, We have caused these our let- 
ters to be made pattents — Witness ourself, at West- 
minster, the Twelfth day of March in the ninth year of 
our reign of England, France and Ireland; and of Scot- 
land the five-and-fortieth.* 



THE UNITED STATES OP AMERICA. 87 



UNDER THE THIRD CHARTER OF JAMES I. PART I. 

This charter, in its various provisions, sets forth fully The Third 
the causes which prompted its procurement by the com- t h e 'Loudon 
pany, and its publication by the Crown : And I cannot J°JJP*^ y » 
give the reader a better idea of the history and condi- 
tion of the colony at Jamestown, up to the time it was 
issued, than may be gathered from its fourteenth and 
fifteenth sections. In many important aspects it re- 
lieved the embarrassments which had hitherto beset the 
company in England, and hindered their operations. 

In the mean time, before this charter was issued, an Expedition 
expedition had been dispatched with a full supply of Thomas 
stores, and a large number of adventurers, under the Da, ®> Ma y> 
direction of Sir Thomas Dale, who also bore a commis- 
sion appointing him Governor of the colony. He 
arrived at Jamestown on the tenth day of May, 1611, 
and found the colony in such an alarming state of con- 
fusion and anarchy that he was obliged to proclaim 
martial law in order to reduce it to quiet and subordi- 
nation. He was soon succeeded by Sir Thomas Gates, Expedition 
who arrived a second time in the colony, in September Thomas 
of the same year. Sir Thomas Gates came under the j^^jg 11 " 
auspices of the new charter, bringing with him six Charter, 
ships, and upwards of thrfce hundred adventurers, with 
an ample freight of clothing, merchandize, munitions, 
and other stores. 

The population of the colony was increased in this 
brief interval to the number of seven hundred men. 
From this date we observe a more active and efficient 
management of the concerns of the company in Lon- 
don. The addition to the membership of its Chief 
Council, of men so illustrious and distinguished, both 
for rank and opulence, as those named in the fifth sec- 
tion of their new charter ; the strength given to their Its effects 
operations under the provisions of its ninth and fif-p^°nta- 

tcenth sections; the enlargement of the grant from the tious | n 

America, 

Crown under the fourth section, and the more ample 
and extraordinary powers and privileges conveyed by it 
as a whole, made this company one of the most power- 



THE GOVERNMENTAL HISTORY OP 



Part I. 



Advan- 
tages of 
the First 
over the 
Second 
Colony. 



Protestant- 
ism in New 
England 
and Vir- 
ginia. 



Adminis- 
tration of 
Sir Thomas 
Gates, 
1612-14. 



ful and influential bodies politic and corporate that had 
as yet been created in any country. As sucii it pos- 
sessed peculiar and uncommon advantages for the set- 
tlement of the country conveyed to it. In this respect 
we shall observe a vast difference between it and the 
Second Colony or the company located at Plymouth. 
Here too we may mark again the difference between the 
settlement of New-England, and the planting of the 
"Old Dominion" of Virginia. Hence the origin of 
those distinctive characteristics which even now obtain 
and render unlike these two sections of our country. 
The causes which combined to promote the planting of 
the one, and to originate the settlement of the other, 
really serve as mile-stones to mark the development 
of the true elements of civil and religious freedom 
embraced in the Protestantism of the Reformation. The 
oath of supremacy, made a condition precedent to emi- 
gration to Virginia, by the twelfth section of this char- 
ter, never was, and never could have been made, a con- 
dition precedent to the settlement of New-England. 
The Puritan adventurer, while he acknowledged his 
political allegiance to the Sovereign, disavowed, and dis- 
avowed even to imprisonment, to proscription, to exile, 
and to death if need be, the supremacy of the Crown 
in matters of religion. Still farther on in the progress 
of protestant principles he disavowed also the suprem- 
acy of the Crown in affairs of State. And to this same 
complexion also did Virginia, the noble, the high-born, 
the loyal Virginia, come at last, as we shall see here- 
after. But to return to the colony. 

Hitherto, according to royal instructions, the lands 
were wrought in common, and the proceeds of cultiva- 
tion, of labour, and of commerce, were deposited in 
the public magazines, and thence distributed by the 
Cape Merchant chosen for that purpose by the colo- 
nial council, alike to all as their necessities required. 
Sir Thomas Gates tried the experiment of dividing a 
portion of the lands into lots of several acres each, and 



THE UNITED STATES OP AMERICA. 89 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 



conveying one of these lots in full right to each family, Under the 
or individual. The beneficial effects of this policy was company, 
at once perceptible in its influence upon the habits and 1612-24. 
character of the colonists, and in the rapidity with 
which it promoted the growth and improvement of the 
entire plantation. Property being thus distributed, 
each individual occupying his own portion, and reaping 
from it a reward proportioned to his own labours and 
exertions, the virtues of industry, sobriety, and fru- 
gality were cultivated, while personal ambition was 
awakened, and individual enterprise encouraged. Sir 
Thomas Gates ruled over the colony until the year 
1614 when he returned again to England, and the gov- Succession 
ernment devolved a second time upon Sir Thomas Thomas 
Dale, whose administration of its affairs was efficient, Dale, 
judicious, and wholesome. 

The effect of dividing the land into portions and al- The com- 
lotting them to individuals as their own property, to be system 
cultivated and improved for their own benefit, was a ^ andon - 
found to be so much more promotive of the interests 
of the colony, that the system of labouring in common, 
and depositing the products of this labour in the pub- 
lic stores, for the common benefit, was now entirely 
abandoned. The Council of the company, convinced 
that this was the surest way of peopling the country, 
and encouraging emigration, gave notice that fifty acres The sys- 
of land would be given to each person, who emigrated, i an( j & s . 
subject nevertheless to the general jurisdiction of the * r d lbu [ 1( ^ n 
company. The consequence was, that large numbers by the 
of adventurers were induced to plant their families, om P an y # 
and try their fortunes in this new country. 

In the year 1615 the colonists undertook the culti- Cultiva- 
vation and exportation of tobacco, but the attempt to tobacco, 
introduce it into the polished circles in the mother 
country, excited the odium of the crown, as well as 
the contempt and ridicule of the principal members 
of parliament. At length James issued a pamphlet Prohibited 
against it, which he called a Counterblast, and the Com- crown. 



90 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Under the pany were directed to prohibit the cultivation of it in 
Company the colony. Notwithstanding, it outlived this preju- 
1612-24. dice, and the cultivation of it soon revived again. It 
afterwards became a profitable article of commerce not 
only, but its use also as a beverage, though none the 
less odious and disgusting in some of its forms, has 
since been freely adopted in almost all parts of the 
world. It formed for many years in Virginia an article 
Succession °^ currency, and has always been a staple of trade, 
of Sir I n 1616 Sir Thomas Dale returned to England, having 
Yeardley, previously appointed Sir George Yeardley, deputy gov- 
1616. ernor of the colony ; who after a mild and judicious 
administration for one year also returned to England, 
leaving the plantation under the Presidency of Capt. 
Samuel Argall. Argall was a rough, hardy sea-captain, 
Succession a man of impetuous enterprise and ability, but of a 
Arealf brutal, selfish, and domineering disposition. Imitating 
161 ?- the absolutism of his craft he proclaimed martial law, 
not because it was necessary, but because it was more 
congenial to his overbearing spirit. He ruled the colo- 
nists with a rigorous and unjust severity. He imposed 
arbitrary and oppressive restrictions upon their trade, 
interdicted the sports of the forest, and doomed to im- 
prisonment and even servitude all who refused to attend 
the services of the church on Sundays and Holy-days. 
The colonists appealed from his arbitrary ordinances 
Appeal to to the Crown, and laid their grievances before the com- 
the Com- pany and council in England. Whereupon Sir George 
Yeardley was commissioned to enquire into the causes 
of their complaints, to redress their wrongs, and to act 
as governor of the colony. 
Commis- This commission was dated the eighteenth day of 
sion to Sir^ ovemDerj 1618; and appointed a council, who, with 
Yeardley, the governor, were directed to divide the colony into 
cities, boroughs, &c. Sir George arrived in Virginia, 
pursuant to this commission, early in the year 1619, 
and under his auspicious rule was established the first 
regular and efficient political organization in Virginia 



1618. 



THE UNITED STATES OF AMERICA. 91 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 



of which we can find any definite record. He laid out Under the 
four new corporations ; and summoned the colonists to company, 
meet in a General Assembly. But as their plantations 1612-24. 
had now become widely scattered, and it was inconven- 
ient, if not entirely impracticable, for the people gene-p 5 * fS u - 

* _ . iar Oolo- 

rally to come together at Jamestown, they were author- nial Gov- 
ized to appear by delegates chosen by and from among [™™ nt > 
themselves. As no counties had as yet been formally 
laid off, the several plantations were designated as The As _ 
townships or boroughs, and hence the delegates tof emblv » 

1 how com- 

the assembly were called burgesses. Eleven boroughs posed. 
were represented in this assembly, which was com- 
posed of the governor and council and the burgesses. 
They all sat together as one House,* and debated and * Beverly, 
acted together upon all matters which concerned the Henning. 
general good of the colony. 

The acts passed by this assembly were not numerous, proceed- 
or of particular importance, except an act dissolving '"f 3 of , the 
martial law, which had been established by Capt. Argall. 
The principal object of the governor and council in 
calling it seems to have been for the two-fold purpose 
of a more specific colonial organization, and to soothe 
the spirit and allay the ill-temper which had been en- 
gendered by the administration of Argall. The colo- 
nists of Virginia now rejoiced, says Marshall, " to find 
themselves exercising the noblest functions of English 
freemen." 

This was the first representative assembly ever held 
,in America, and the earliest instance of the exercise 
of legislative functions by the colonists in Virginia. 
It forms an interesting and important era in our gov- 
ernmental history. It gave the people an idea of First devel- 
representation, and a taste for legislative liberty, which S£ me JJ. * 
could never thereafter be offended with impunity, canism in 
Hitherto they had had no voice in the enactment * of America - 
their laws, or the administration of their public affairs. 
These prerogatives had been exercised either by the 
King's council, or by the company in England, or by 



92 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Under the a council, or officers of their appointment, in the 

Company c °l° n y : But the planters of Virginia had reached 

IG12-24. that period in their own, and in the history of the 

mother country, when Protestantism began to disclose 

to the world its elements of political as well as religious 

freedom. When it had come to be seriously questioned 

in the minds of far-seeing and sagacious men, how far 

the people were entitled to have a voice in choosing- the 

rulers and enacting the laws, which they were called 

Develop- upon to obey. Many things might, indeed, for a while 

Protestant- longer, check the too curious inquiry, and many influ- 

ism in Eng- ences might contribute yet to stifle its freer utterance 

land and . ° J 

Virginia, m the mother country ; while here in America, far 
removed from the direct disturbances and pains it 
might engender, it could safely assume a more tangible 
shape. Its development in Virginia, though necessarily 
more tardy and less striking than in New England, was 
still progressing in an under current, which, though 
it hardly rippled the surface, was yet impregnating the 
swelling tide of emigration with its elements of polit- 
ical liberty and its sources of popular power. The 
subdivision of their plantations into townships, the 
expansion of their resources, and their generally 
increasing prosperity, henceforth relieved the colonists 
from the anxieties and embarrassments which had 
attended the infant growth of their settlements. Ex- 
emption from disease, freedom from exacting labour, 
and relief from the earnest necessities of self-preserva- 
tion, gave them leisure to devote themselves more 1 
carefully to the general interests and concerns of a 
community in which they now lived as traders, as land- 
owners, and property holders. Hence they began to 
turn their attention to the charter of the company, 
and discovering the extent of its prerogatives and the 
inaptness of many of its privileges, they emerged from 
that quiet and easy state of acquiescence in which they 
had hitherto reposed. In their social gatherings, in 
their political assemblies, and at the sittings of their 



THE UNITED STATES OP AMERICA. 93 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 

courts, there appeared able controversialists and popu- Under the 
lar orators, who exposed the injustice of the policy of company, 
government adopted by the parent council, and whose 16 i2-24, 
denunciations of the operations of the company were 
bold, manly and energetic. The conditions, limitations 
and restrictions imposed by the corporation, to which 
they had submitted in their infancy, were now felt as 
restraints beyond the measure of which the spirit of 
liberty soon swelled itself, until the appeal went forth, 
loud and incessant, that to them should be practically 
extended, " all and unqualified, the privileges of free 
natives and denizens of England." The most essential 
of these they considered the right of participating by The rio . nt 
their representatives .in the action of the government of repre- 
to which they were subjected. They had grown to a 
degree of strength, which commanded the respect of 
the company, while the interests of its principal pro- 
jectors were too much involved in the prosperity of the 
colony, to allow their demands to go unheeded. 
Hence the action of the home administration, from 
this time onward, necessarily becomes a part of our 
' history, and demands our attention. 

On the twenty-fourth day of July, 1621, was issued 
" An Ordinance and Constitution of the Treasurer and 
Company in England for a Council of State and Gen- 
eral Assembly " in Virginia — as follows : 

ORDINANCE OF THE COMPANY. 

I. To all people to whom these presents shall come, Ordinance 
be seen, or heard; The Treasurer, Councel and Com- ^aitoy - °" 
pany of adventurers and planters for the city of ernment » 
London, for the First Colony of Virginia, send greet- 
ing : Know ye that we, the said Treasurer, Councel, 
and Company ; taking into our careful consideration Declara- 
the present state of the said colony of Virginia, and fa£°? 
intending by the Divine assistance, to settle such atention. 
form of government there, as may be to the greatest 
benefit and comfort of - the people, and whereby all 
injustice, grievances, and oppression may be prevented 



94 



THE GOVERNMENTAL HISTORY OP 



Part I. 



Under the 
London 
Company, 
1612-24. 

Supreme 
Assistant 
Council. 



Two Su- 
preme 
Colonial 
Councils. 



The first, 
how desig 
nated. 



Names of 
Members. 



Their 

duties. 



and kept off as much as possible, from the said colony; 
have thought fit to make our entrance by ordering and 
establishing such supreme councels, as may not only 
be assisting to the governor, for the time being, in the 
administration of justice, and the executing other 
duties to his office belonging, but also by their vigilant 
care and prudence, may provide as well for a remedy 
of all inconveniences growing from time to time, as 
also for advancing of increase, strength, stability, and 
prosperity of the said colony. 

II. We, therefore, the said Treasurer, Councel, and 
Company, by authority directed to us from his Majesty 
under the great seal, upon mature deliberation, do 
hereby order and declare, that from henceforward, 
there shall be Two Supreme Councels in Virginia, for 
the better government of the said colony aforesaid. 

III. The one of which Councels, to be called the 
Councel of State (and whose office shall chiefly be, 
assisting with their care, advice, and circumspection, 
to the said governor), shall be chosen, nominated, 
placed and displaced, from time to time, by us, The 
said Treasurer, Councel, and Company, and our suc- 
cessors : which Councel of State shall consist, for the 
present, only of these persons as are here inserted, viz. : 
Sir Francis "Wyatt, governor of Virginia ; Capt. Francis 
West ; Sir George Yeardley, Knight ; Sir William 
Neuce, Knight, marshall of Virginia; Mr. George 
Sandys, treasurer ; Mr. George Thorpe, deputy of the 
College ; Capt. Thomas Neuce, deputy for the com- 
pany ; Mr. Powlet, Mr. Leach ; Captain Nathaniel 
Powel ; Mr. Christopher Davidson, secretary ; Dr. 
Potts, physician to the company ; Mr. Roger Smith ; 
Mr. John Berkley ; Mr. John Rolfe ; Mr. Ralph 
Hamer ; Mr. John Pountis ; Mr. Michael Lapworth ; 
Mr. Harwood ; Mr. Samuel Macock ; which said Coun- 
cellors and Councel we earnestly pray and desire, and 
in his majesty's name strictly charge and command, 
that (all factions, partialities, and sinister respect laid 



THE UNITED STATES OP AMERTCA. 



UNDER THE THIRD CHARTER OF JAMES I. PART I. 

aside.) they bend their care and endeavors to assist ^nder the 

. , _ 7 • • i» • .1 j London 

the said governor ; first and principally, in the advance- Company, 
ment of the honor and service of God, and the enlarge- 1612-24 - 
mcnt of his kingdom against the heathen people ; and f 162 i. 
next, in erecting of the said colony in due obedience christiani- 
to his majesty, and all lawful authority from his maj- *? r ecog- 

. . . . J nized as an 

esty's directions ; and lastly, in maintaining the said element in 



govern- 
ment. 



people in justice and christian conversation among 
themselves, and in strength and ability to withstand state 
their enemies. And this councel, to be always, or for C ^" ci t' 
the most part, residing about, or near, the governor, reside. 

IV. The other councel, more generally to be called 

by the governor, once yearly, and no oftener, but for Second 

very extraordinary and important occasions : shall Councll » 

* . j l 7 how com- 

consist, for the present, of the said Councel of State, posed, &c. 

and of two burgesses out of every town, hundred, or 

other particular plantation, to be respectively chosen 

by the inhabitants ; which councel shall be called The How des ^ 

General Assembly, wherein (as also in the said Councel nated - 

of State) all matters shall be decided, determined, and 

ordered, by the greater part of the voices then present ; 

reserving to the governor always a negative voice. 

And this General Assembly shall have free power to powers of 

treat, consult, and conclude, as well of all emergent the Gen * 

occasions concerning the public weal of the said colony, sembly. 

and every part thereof; as also to make, ordain, and 

enact such general laws and orders, for the behoof of 

the said colony, and the good government thereof, as 

shall, from time to time, appear necessary or requisite. 

V. Whereas in all other things, we require the said The Gov- 
General Assembly, as also the said Councel of State, to pXTof 1 
imitate and follow the policy of the form of govern- England 
ment, laws, customs, and manner of trial, and other & ° pte ' 
administration of justice, used in the Realm of Eng- 
land, as near as may be, even as ourselves by his 
majesty's letters pattents are required. ratifi d'h* 

VI. Provided, that no law or ordinance, made in the the Gciie ; 
said General Assembly, shall be or continue in force ©rEnS^" 



96 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Under the validity, unless the same shall be solemnly ratified and 

Company confirmed in a General Quarter Court of the said 

1612-24. company here in England, and so ratified, be returned 

to them under our seal ; It being our intent to afford 

the like measure also unto the said colony, that after 

the government of the said colony shall once have 

et vice been well framed, and settled accordingly ; which is to 

tended-' ^e done by us, as by authority derived from his 

when. majesty ; and the same shall have been so by us 

declared, ,no orders of Court afterwards shall bind 

the said colony, unless they be ratified in like manner 

in the General Assemblies. In witness whereof, we 

have hereunto set our common seal the twenty-fourth 

day of July, 1621, and in the year of the reign of our 

Sovreign Lord, James, King of England, the * *, and 

of Scotland, the * * *. 



The Com- This Ordinance was enclosed with a commission to Sir 
Commis- Francis "Wyatt, (the first governor under it) and his 
siou to the Council, as follows : 

and state The Treasurer and Company's Commission to Sir 
Council, Francis Wyatt, governor, and Councel; which said 
councel are to assist the governor in the administration 
of justice, to advance Christianity among Indians ; to 
erect the colony in obedience to his majesty, and in 
maintaining the people in justice and christian con- 
versation, and strengthening them against enemies. 
The said governor, councel, and two burgesses out of 
every town, hundred or plantation, to be chosen by 
The Gen- ^ 1C inhabitants to make up a General Assembly, who 
erai As- are to decide all matters by the greatest number of 
voices ; but the governor is to have a negative voice, 
to have power to make orders and acts necessary, 
wherein they are to imitate the policy of the form of 

government, laws, customs, manner of trial, and other 
To con- , . . . ' . , • -r, ! -. .i 

form to the administration of justice used m England, as the com- 
petent' t P an y are required by their letters pattent — No law to 
the Co. continue or be in force till ratified by a Quarter Court 



THE UNITED STATES OF AMERICA. 97 



UNDER THE CHARTER OF JAMES I. PART I. 

to be held in England, and returned under seal — After Ratifica- 
the colony is well framed and settled, no order of jj°£°J 
Quarter Court in England shall bind till ratified by the Co. 
the General Assembly : The governor is furthermore 
instructed to keep up the religion of The Church 
of England as near as may be ; to be obedient to the 
King and do justice after the forms of the laws of Eiig-of e the° n 
land ; and not to injure the natives, and to forget old En"iand° f 
quarrels now buried ; to be industrious, and suppress estab- 
drunkenness, gaming and excess in cloaths : Not to 
permit any but the councel and heads of hundreds to Regalia of 
wear gold in their cloaths, or to wear silk till they ^hlm to 
make it themselves : Not to offend any foreign princes ; be worn - 
to punish piracies ; to build fortresses and block-houses 
at the mouths of the rivers : To use means to convert To perform 
the heathens — viz., to converse with some: each town nussionar y 

7 7 labors. 

to teach some children fit for the college intended to 
be built : 

"After Sir George Yeardley has gathered the pres- Sir George 
ent year's crop, he is to deliver to Sir Francis Wyatt, to^urren- 
the hundred tenants belonging to governor's place ; der the 
Yeardley's government to expire the 18th November ment. 
next, and then Wyatt to be published governor ; to 
swear the councel. 

George Sandis appointed treasurer, and he is to put Treasurer 
in execution all orders of court about staple commodi-^ ce D r t s her 
ties ; to whom is allotted fifteen hundred acres and fifty 
tenants. To the Marshall, Sir William Newce, the 
same : To the company's deputy, the same. To the 
physician five hundred acres and twenty tenants ; and 
the same to the secretary. 

" To review the commissions to Sir George Yeard- To review 
ley, governor, and the councel, dated 18th Nov. 1618, c™^. 
for dividing the colony into cities, boroughs, &c, and si ons. 
to observe all former instructions (a copy whereof was 
sent) if they do not contradict the present ; and all 
orders of court (made in England.) Census 

" To make a catalogue of the people in every planta- JJaths &c. 



98 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

tion, and their conditions ; and of deaths, marriages 
and christenings. To take care of dead persons' estates 
for the right owners ; and keep a list of all cattle, and 
cause the secretary to return copies of the premises 
once a year. 
Cultivation u t ia ^ e care f ever y plantation upon the death of 

and care J r r 

of lands, their chief; not to plant above one hundred pounds of 

tobacco per head ; to sow great quantities of corn for 

their own use, and to support the multitudes to be sent 

Manage- yearly ; to inclose land ; to keep cows, swine, poultry, 

pianta- &c., and particularly kyne, which are not to be killed 

tions. yet> 

What to "Next to corn, plant mulberry trees and make silk, 

p ai and take care of the Frenchmen and others sent about 

that work; to try silk grass, to plant abundance of 
vines, and take care of the vignerers sent. 

" To put prentices to trades, and not let them forsake 

Of appren- their trades for planting tobacco, or any such useless 
commodity. 

" To take care of the Dutch sent to build saw-mills, 
and seat them at the falls, that they may bring their 
timber by the current of the water. To build water- 
mills, and block-houses in every plantation : 

Care of " That all contracts in England or Virginia be per- 

contracts 

formed, and the breaches punished according to justice : 

Tenants not to be enticed away. 
Iron " To take care of those sent about iron works, and 

wor s ' especially Mr. John Berkeley; that they dont miscarry 

again, this being the greatest hope and expectation of 

the colonies. 
Manufac- « To make salt, pitch, tar, soap, ashes, &c, so often 

turGS &c 

recommended, and for which materials had been sent ; 
to make oyl of walnuts, and employ apothecaries in 
distilling lees of beer; and searching after minerals, 
dyes, gums, and drugs, &c, and send small quantities 
home. 
Tobacco. « To make small quantity of tobacco, and that very 
good — That the houses appointed for the reception of 



THE UNITED STATES OP AMERICA. 99 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 

new comers, and public storehouses be built, kept clean, Quarterly 
&c. ; to send the state of affairs quarterly, and a dupli- Returns - 
cate next shipping. 

" To take care of Captain William Norton, and cer- 
tain Italians, sent to set up a glass house. 

"A copy of a treatise of the plantation business, Treatise on 
and excellent observances made by a gentleman of big"^ 00 
capacity, is sent to lie among the records, and recom- sent to be 
mended to the councellors to study. 

" Mr. William Clayborne, a surveyor, sent to survey 
the planters' lands, and make a map of the country. 
Chief officers that have tenants (to be) reprimanded 
for taking fees, but require that the clerks have fees set 
for passes, warrants, copies of orders, &c. 

" The governor and councel to appoint proper times Terms of 
for administration of justice ; and provide for the enter- Courts - 
tainment of the councel during their session, to be 
together one whole month about state affairs, and law 
suits ; to record plaints of consequence : To keep a Court Re _ 
register of the acts of Quarter Sessions, and send home cords , &c. 
copies. 

" If a governor dies the major part of the councel to o n death 
choose one of themselves within fourteen days ; but if of Gov ' 

* ' ernor, to 

voices be divided the lieutenant governor shall have fill vacan- 
the place ; and next the marshall ; next the treasurer ; cy * 
one of the two deputies next. 

" The governor and chief officers not to let out their Tenants of 
tenants as usual. ^J™ 1 "' 

" The governor only to summon the councel, and sign Certain 

warrants, and execute or give authority to execute coun- powers 

eel orders, except in cases that do belong to the marshall, lo\ e \y - m 

treasurer, deputies, &c. The governor to have abso- the Gov * 
i . ernor. 

lute authority to determine and punish all neglect, and 

contempts of authority, except the councel, who are to 

be tried at the Quarter Sessions and censured. The 

governor to have but the casting voice in councel or 

court, but in the Assembly a negative voice. Not to en- 

rrross too 

" That care be taken that there be no engrossing, or markets. 



100 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

forestalling the market : All servants to fare alike in 
the colony ; and their punishment for any offences is 
to serve the colony in public works. 

" To see that the Earl Pembroke's thirty thousand 
acres be very good — To make discoveries along the 
Fisheries, coast, and find a fishery between James River and Cape 
Cod. As to raising staple commodities the chief offi- 
Stapie cers ought to set examples, and to aim at the establish- 
Commodi- men t f the colony : And lastly, not to let ships stay 
Ships and l° n o> ana * to freight them with walnuts and any less 
freight, valuable commodity." 

" The Governor to administer an oath to the Council 
as follows : 
Oath of " You shall swear to be a true and faithful servant 
niai Coin*- un *° ^ ie King's majesty as one of his councel for Vir- 
cii. ginia — You shall in all things to be moved, treated, 

and debated in that councel concerning Virginia or 
any of the territories of America, between the degrees 
of thirty-four and forty-five from the equinoctial line 
northward, or the trades thereof, faithfully and truly 
declare your mind and opinion, according to your heart 
and conscience ; and shall keep secret all matters com- 
mitted and revealed to you concerning the same, and 
that shall be treated secretly in that councel, or this 
councel of Virginia, or the more part of them (until) 
publication shall be made thereof. And of all matters 
of great importance or difficulty, before you resolve 
thereupon, you shall make his majesty's Privy Councel 
acquainted therewith and follow their directions there- 
in : You shall to your uttermost bear faith and alle- 
giance to the king's majesty, his heirs, and lawful suc- 
cessors, and shall assist and defend all jurisdictions, 
preheminences, and authorities granted unto his maj- 
esty and annext unto the crown against all foreign 
princes, persons, prelates, or potentates whatsoever, be 
it by act of parliament or otherwise : And generally, 
in all things, you shall do as a faithful and true servant 



THE UNITED STATES OP AMERICA. 101, 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 

and subject ought to do. So help you God and the 
Holy contents of this Book." 



I have thus given all the details in the formation of General 
the first colonial government fully organized by the remar ** 
London Company over their plantations in Virginia. 
They are important and interesting, not only as exhib- 
iting its prominent and peculiar features, but also as 
illustrating the elaborate and systematic care with 
which the establishment and growth of this colony 
was watched and fostered by the Crown and Company 
in England. It enables us, too, again to bring into Organism 
prominent and effective contrast with it, as we shall of v u 'S lnia 

' compared 

hereafter take further frequent occasion to do, the with New- 
parentage and early organism of New England. I ngan ' 
should be unsteady to my purpose, did I not, as they 
arise, point out these various exhibitions of character- 
istic origin, progress, organization, and government. 
Here, in Virginia, we have it, the result of full twenty 
years of exploration, experiment, expenditure, specu- 
lation, and adventure ; while the ablest heads, and the 
most opulent and distinguished of men, with hosts of 
ready adventurers, had devoted their labours, their 
energies, and their resources, to its accomplishment. 
There, in New England, it was the work, as it were, of 
a single year, wrought out by a mere handful of needy 
and persecuted exiles, without the countenance of roy- 
alty, or the influence of rank, or the contributions of 
opulence, or the speculations of commerce, or the 
explorations of science. Here, it was in a genial 
latitude, upon an exuberant soil, with an abundance 
of labour and material for subduing the country, and 
bringing its resources into immediate and active con- 
tribution to their necessities and their protection. 
There, it was labour in a wintry climate, on a frozen 
and stubborn soil, by the coast of a cheerless ocean, in 
a country not easily prospected, and with a fearful lack 
of munitions and materials for defence, as well as the 



102 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

appliances necessary for self-preservation. Here it is 
that the two pictures have their several and peculiar 
points of interest and attraction. Here we trace the 
origin, respectively, of those lights and shades which 
mark the completeness of the more perfect forms of a 
free government, and free institutions, in which we 
now rejoice. There is something profoundly philo- 
sophical and attractive in the lessons to be learned 
from these records of their early and varied expe- 
riences ; and there is also akin to these something 
sublime as well as beautiful, in the harmony which, in 
maturer years, accompanied the confluence of their 
discordant elements and the blending of their fraternal 
lineaments, uniting them in one great national brother- 
hood of Free States and of Free Men. 

The organization of the Colonial Government estab- 
lished by virtue of the commission and instructions to 
The or^an- the Governor and Council, was undoubtedly framed 
ization u g0 as i imitate and follow the policy of government, 

under the . . . „.;,._,, 

Co.'s Con- and other administration of justice, used in England, 
of * le^r ' as near as may be." The Governor was supposed to 
represent the King, the Council to answer to the Peer- 
age, and the Burgesses to the House of Commons. 
Such at least is the analogy to the Constitution of 
Analogy to England, which is fondly, and I confess not inaptly, 
* heE ".s lisn traced by her historians. But, nevertheless, in atten- 

Constitu- J * i • • j 

tiou. tively perusing the history of her Colonies m America, 
we discover far more interesting and important devel- 
opments of free republican principles, and a more 
noble and generous regard for the rights of the indi- 
vidual man, in their departures from, than in their 
assimilations to the constitution and laws of the 
mother country. Under a policy of government so 
much more favorable to the interests, rights, and lib- 
erties of the colonists, though in many of its features 
and provisions still objectionable, the prosperity of the 
colony was henceforth greatly promoted. The opening 
of a more extensive commerce with the mother coun- 



THE UNITED STATES OF AMERICA. 103 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 

try enlarged the resources of the people, accessions under the 
were made to their numbers by the arrival of new^™^ 
adventurers, additional towns were in consequence 1612-24. 
erected, while the number composing the popular 
branch of the General Assembly was also increased. 
This extension of their settlements, and the wider dis- . 
persion of the population which necessarily followed 
it, rendered the existing administration of justice 
inconvenient and almost impracticable, inasmuch as 
the judicial powers of the colony were vested exclu- 
sively in the Governor and Council, who were required Origin and 
to hold their courts at Jamestown. To obviate these "ou^ 011 ° f 
evils, inferior courts were established, whose jurisdic- Courts, 
tion embraced a certain district, composed of a conven- 
ient number of plantations, and whose sessions were 
made more frequent. These were called County or 
Monthly Courts, the first of which were held in the 
year 1622. They were established under a Commission 
from the Governor, as follows : 

" To all to whome these presents shall come, I, Sir The Gov- 
Francis "Wyatt, Governor and Captain General of Vir- C rn ° r ' 3 . 
ginia, send Greeting, in our Lord God Everlasting : sion estab- 
Whereas, for the greater ease of the inhabitants of county 
diverse parts of this colony, and for the better con- Courts > 
servation of the peace, and due execution of such laws 
and orders as are, or shall be, established for the gov- 
ernment of the people and inhabitants of the same, 
The* Governor and Councell have thought fitt, and 
accordingly appointed, by an order of Court made on 

the day of , that there shall be Monthly 

Courts held and kepte in some of the more remote 
plantations thereof, Know ye that according- to the said 
order, these persons whose names are here inserted, 
are for the time being assigned and appoynted to be 
the present commissioners of and for the holding and 
keeping of Monthly Courts within the corporation 
° f t and tne parts near adjoining, viz., A. B., 

C D., E. F., &c., which said commissioners, or any 



104 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

three of them, whereof A. B. and C. D. shall be 

always one, shall have power and authority to hear 

and determine all such suits and controversies between 

Jurisdic- P ar ty an & P artv as exceed not the value of one hund- 

tion pre- re d pounds of tobacco, especially that they take into 

defined, their care the conservation of the peace, the quiet 

government and safety of the people there residing, or 

being, and that all orders and proclamations bee kept 

and observed ; and according to the same to inflicte a 

punishment upon all delinquents either by fine or 

Limitation otherwise, (such offences only excepted as concerne 

diction. * the taking away of life or member.) Provided always 

Right of that it shall be lawful for the plaintiff or defendant in 

appea * any suit before the said commissioners depending, to 

appeal to the Court at James Citty, there holden by 

Required the Governor and Councel : And they are hereby 

record of required, from tyme to tyme, to keep records of all 

their pro- judgments, orders, and other matters of moment as by 

ceedings. ^ ° ^ 

them shall be concluded and agreed on. Given at 
James Citty, 8{c" 



Their rela- The relations of the colonists with the Indian tribes 
thTln^ 1 m Virginia had been established on a friendly basis by 
dians. the marriage of Sir John Rolfe, a young Englishman, 
with Pocahontas, the daughter of Powhattan, in the 
Seel. Hen- year 1613. This alliance pleased the Chief, and was 
utes at highly commended by the Company in England, where 
Large. the young bride was received and treated with distin- 
guishing kindness and attention by the King and Queen, 
and others of the royal household. She died soon 
after her marriage, in London, at the age of twenty-two 
years, leaving an only son. This son afterwards came 
to Virginia, where he left numerous descendants, who 
formed some of the most distinguished families in the 
colony. 

On the death of Powhattan his power fell to a Chief 

who had already grown envious of the increasing set- 

The massa- tlements of the English. Consequently he contrived a 

creof 1622. plan for their extermination, which broke out in a gen- 



THE UNITED STATES OP AMERICA. 105 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 



eral open attack upon their settlements, on the twenty- The Indian 
second day of March, 1622. The attack, it is said, was J^JJJ 
wholly unexpected, as up to the very day on which it 
was made, the Indians had maintained their friendly 
relations and continued their trade with the colonists, 
manifesting no signs of hostility or disaffection. The 
work of death was savage-like and terrible; and might 
have been full and complete, but for the discovery of 
the plot by a friendly Indian to a citizen of Jamestown 
a few hours before the onset, which enabled the inhabi- 
tants to prepare for their own defence and notify a few 
neighboring towns. Some four hundred men, women, 
and children, were mercilessly butchered, and many 
houses, and stores of goods, plundered and conflagrated. 
But the infuriated revenge of the survivors of this 
massacre was quite as perilous, and more fatal to the 
native tribes. It was then, as it has been ever since, 
and will continue to be until the last representative of 
that singularly doomed race is swept off into the waters 
of the Pacific, a war of extermination. Here it began Their after 
and the Saxon triumphed. Year after year, as he ex- relatl0na - 
tended his settlements, the wandering tribes gathered 
themselves, and their warriors and their braves coun- 
selled and combined together, to stay his progress. 
Still he took possession of their territories, appropriated 
their fisheries and their cornfields, and made their 
abodes the home of his own children. Still the unyield- 
ing native clung to the soil consecrated by the memo- 
ries of his youth and the ashes of his fathers, and still 
the war of extermination went on. Treaties of peace 
and of amity seemed for a while to stay its desolating 
activity. Religion, civilization and humanity, each in 
turn sought to harmonize the two races, and bring them 
into something like a brotherhood of relationship and 
association. But the antagonism still remained, deep- 
seated, heaven-implanted, and the savage still retreated 
upon the advance of the Saxon, westward. He plants 
himself by the shores of the Mississippi, but he finds no 



106 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

rest there. He crosses its turbid waters in his frail 
canoe, perchance he may repose in his own wigwam 
and smoke his peace-pipe unmolested there; but the 
Steam-Boat of the Saxon disgorges its thousands of 
pursuers, and drives him westward still. He braces 
himself against the rocky mountains, — but hark! a 
mysterious rumbling of the earth, a fierce howl in the 
air, as if the war-whoop of the Great-Spirit was sum- 
moning his mightier forces to the conflict, and lo ! the 
locomotive, with its thousands of living warriors tells him 
that the Saxon is yet on his trail. Pale, horror-strick- 
The war- en, panting, he scales the rocky barriers, and descends 
tweenthe towarcl tne setting of the sun! But here he gazes 
two races, breathlessly upon the same waste of waters which first 
brought the Saxon to his view, and sees the same mys- 
terious craft floating upon its bosom. He can go no 
further. He must fight or die. He or his foe, the one 
or the other, must be exterminated; and now for the 
conflict. At this moment, while I am writing, it is rag- 
ing on the shores of the Pacific. Raging in all its hor- 
ror, its cruelty, and its malignity, and — the history of 
the past foreshadows its inevitable result. 



The earliest full record of the legislation of The 
General Assembly of Virginia, which has been preserved 
and published, dates in March, 1623. This with a few 
other documents which are essential as illustrating the 
character of the people, the nature of their laws and 
their policy of government, become a part of our his- 
tory. The several acts passed by the Assembly were 
designated by their number, and not by titles and chap- 
ters, as in more modern times : I transcribe them here 
as they are found in the original record, published by 
Henning. 

Colonial Laws and Orders concluded on by the General Assem- 

Acts'of My, March the 5th, 1623-4 : 

1623-4. i Th a f; there shall be in every plantation, where the 

worship, people use to meete for the worship of God, a house or 



THE UNITED STATES OF AMEEICA. 107 



UNDER THE THIRD CHARTER OF JAMES I. PART I. 



roome, sequestred for that purpose, and not to be for Colonial 
any temporal use whatsoever ; and a place empaled in, Acts,' 
sequestered only to the burial of the dead. 1623-4. 

2. That whosoever shall absent himselfe from Divine Absence 
service any Sunday, without an allowable excuse, shall church, 
forfeite a pounde of tobacco, and he that absenteth 
himselfe a month shall forfeit 50 lbs. of tobacco. 

3. That there be an uniformity in our church, as Act of 
neere as may be to the canons in England; both i n puformi- 
substance and circumstance, and that all persons 

yield readie obedience unto them under paine of cen- 
sure. 

4. That the twenty-second* of March be yeerly sol-Observ- 
emnized as holliday, and other hollidays (except when Holidays, 
they fall two together) betwixt the feast of the Annun- 
ciation of the blessed Virgin and St. Michael the Arch- 
angell, then only the first to be observed, by reason of 

our necessities. 

5. That no minister be absent from his church above Non-resi- 
two months in all the yeare upon penalty of forfeiting dence - 
halfe his means; and whosoever shall absent himself 
above foure months in the year shall forfeit his whole 
means and cure. 

6. That whosoever shall disparage a minister without Disparag- 
bringing sufficient proofe to justify his reports, whereby ^fs. im3 " 
the mindes of his parishioners may be alienated from 

him, and his ministry prove less effectual by their pre- 
judication, shall not only pay 500 lb. waight of tobacco, 
but also aske the minister so wronged forgiveness pub- 
lickly in the congregation. ^ 

7. That no man dispose of any of his tobacco before Pay of 
the minister be satisfied, upon pain of forfeiture double Minister8 ' 
his part of the minister's means, and one man of every 
plantation to collect his means out of the first and best 
tobacco and corn. 

8. That .the Governor shall not lay any taxes or Taxes, 
ympositions upon the colony, their lands or commodi- 
ties, other way than by the authority of the General 



and other 
service 



108 THE GOVEENMENTAL HISTORY OF 

Part I. Virginia, 

Colonial Assembly to be levyed and ymployed as the said Assenu 
A " ts lc bly shall appoynt. 

1623-1. 9. x^e governor shall not withdraw the inhabitants 

from their private labours to any service of his own 
upon any colour whatsoever ; and in case the publick 
Military service require ymployments of many hands before the 
holding a general assemblie to give order for the same, 
in that case the levying of men shall be done by order 
of the governor and whole body of the counsell ; and 
that in such sorte as to be least burthensome to the 
people and most free from partiality. 
Certain 10. That all the old planters that were here before, 

exempt or came in the last coming of Sir Thomas Gates, they 
from. and their posterity shall be exempted from their per- 
sonal service to the wars, and any public charge 
(church duties excepted) that belong particularly to 
their persons (not exempting their families) except 
such as shall be ymployed to command in chief. 
Burgesses 11. That no burgesses of the general assembly shall 
arrest™ 111 be crested during the time of the assembly, a week 
before and a week after, upon pain of the creditor's for- 
feiture of his debt and such punishment upon the officer 
as the court shall award. 
Monthly 12. That there shall be courts kept once a month in 
the corporations of Charles Citty and Elizabeth Citty, 
Jurisdic- for the deciding of suits and controversies not exceed- 
tion o . - n g ^ ie va i ue f one hundred pounds of tobacco, and 

Judges of. for punishing of petty offences. That the commanders 

of the places, and such others as the Governor and 

, Counsell shall appoint by commission, shall be the 

judges, with reservation of appeal after sentence, to 

Appeal the Governor and Counsell; And whosoever shall 
m ' appeal yf he be there cast in suit shall pay duble dam- 
ages: The commanders to be of the quorum, and sen- 
tence to be given by the major parties. 

Survey of 13. That every private planter's devident shall be 
surveyed and laid out in several, and the bounds 
recorded by the survey ; if there be any petty differ- 



THE UNITED STATES OF AMERICA. 109 

UNDER THE THIRD CHARTER OF JAMES I. PaRT I. 

ences betwixt neighbours about their devidents, to be Colonial 

. Public 

divided by the surveyor ; if 01 much importance to be Acts of 
referred to the governor and councel : The surveyor 1623_4 - 
to have 10 lbs of tobacco upon every hundred acres. 

14. For the encouragement of men to plant store of Price of 
Corne, the price shall not be stinted, but it shall be corn " 
free for every man to sell it as deere as he can. 

15. That there shall be in every parish a publick Public 
garncry unto which there shall be contributed for every 
planter exceeding the adge of eighteen years, alive at 

the crop, after he hath been here a year, a bushel of 
corne ; the which shall be disposed for the publick uses 
of every parish by the major part of the freemen ; the 
remainder yearly to be taken out by the owners at St. 
Tho's his day, and the new bushell to be putt in the 
roome. 

16. That three sufficient men of every parish shall Overseers 
be sworn to see that every man shall plant and tend piant^g. 
sufficient of corne for his family. Those men that 

have neglected so to do are to be by the said three men 
presented to be censured by the governor and councel. 

17. That all trade for corne with the salvages, as Trade with 
well public as private, after June next shall be prohib-* U g n l " 
ited. 

18. That every freeman shall fence in a quarter of Gardens, 
an acre of ground before Whitsuntide next, to make a 
garden for planting of vines, herbs, roots, &c, sub- 
poena ten pounds of tobacco a man ; but that no man 

for his own family shall be tyed to above an acre of 
land, and that whosoever hath fenced a garden and 
(* ) of the land shall be paid for it by the * D ^ lced 

y r in the ong- 

owner of the soyle ; they shall also plant mulberry inai.— 
trees. Hennin S- 

19. The proclamations for swearing and drunken- Swearing 
hess, set out by the governor and councel, are con-e nn ess. 
firmed by this Assembly ; and it is further ordered that 

the churchwardens shall be sworne to present them to 
the commanders of every plantation, and that the 



110 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Colonial forfeitures shall be collected by them for publique 

Public J l l 

Acts of uses. 

1623-4. 20. That a proclamation be read aboard every ship, 
Shipping, and afterwards fixed to the maste of such, — prohibiting 
them to break boulke or make private sales of any com- 
* Blank in modity until ( * * * ) James Citty, without spe* 
t ie recor . ^ a j or( j er f rom t ne governor and councell. 

Tobacco 21. That the proclamation for the rates of commodi- 

' ties be still in force, and that there be some men in 

every plantation to censure tobacco. 

Weights 22. That there be no weights nor measures used but 

and meas- sucn as sua ji j^e sea \ e ([ by officers appointed for that 

urcs. J rr 

purpose. 
Protection 23. That every dwelling house shall be palisaded in 
Indians. 1 ° f° r defence against the Indians. 

24. That no man go or send abroad without a suffi- 
cient partie well armed. 

25. That men go not to worke in the ground without 
their arms (and a centinell upon them.) 

26. That the inhabitants go not aboard ships, or upon 
any other occasions, in such numbers, as thereby to 
weaken and endanger the plantations. 

Powder 27. That the commander of every plantation take 
and arms. care ^^ t nere D e sufficient of powder and ammunition 

within the plantation under his command, and their 

pieces fixed, and their arms complete. 

28. That there be due watch kept by night. 

29. That no commander of any plantation do either 
himselfe, or suffer others to spend powder unnecessa- 
rily in drinking or entertainments, &c. 

Offences 30. That such persons of quality as shall be found 
by persons delinquent in their duties, being not fitt to undcrgoe 

of quality. l , . , , .,, t i • 

corporal punishment, may notwithstanding be impris- 
oned at the discretion of the commander; and for 
greater offences to be subject a fine inflicted by the 
monthlie court, so that it exceed not the value afore- 
said. 

31. That every man that hath not contributed to tho 



THE UNITED STATES OF AMERICA. Ill 

UNDER THE THIRD CHARTER OF JAMES I. PART I« 

finding a man at the castell shall pay for himself and Colonial 
servants five pounds of tobacco a head towards the dis- Acts of 
charge of such as had their servants there. 1623-4. 

32. That at the beginning of July next the inhabit- Dcstruc- 
ants of every corporation shall fall upon their adjoin- savages!* 16 
ing salvages as we did last yeare, those that shall be 

hurte upon service to be cured at the publique charge : 
And in case any be lamed to be maintained by the 
country according to his person and quality. 

33. That for defraying of such publique debts our Public 
troubles have brought upon us, there shall be levied 10 debts * 
pounds of tobacco upon every male head above sixteen 
years of adge now living (not including such as arrived 
since the beginning of July last.) 

34. That no person within this colony upon the Obedience 
rumor or supposed change and alteration, presume to ^ a supen * 
be disobedient to the present government, nor servants 

to their private officers, masters, or overseers, at their 
uttermost perills. 

35. That Mr. John Pountis, counsellor of state, Commis- 
going to England, (being willing by our entreatie to England! 
accept of that employment) to solicite the general 
cause of the country to his majesty and the counsel ; 
towards the charges of the voyage the country consent 

to pay, for every male head above sixteen years of adge 
then living, which have been here a yeere, ffour pounds 
of the best merchantable tobacco in leafe, at or before 
the last of October next." 

There is an allusion made in these Acts to " The Command 
Commander of Plantations." This was an office appoint- p^n t f a - 
ed under a commission, issued by the Governor of tions. 
Virginia to the person to be appointed to the office, 
which recited that, " Whereas the affairs of this colony 
do necessarily require that men of sufficiency and ex- 
perience be appointed to command and governe the sev- 
eral plantations and inhabitants within the same ; both 
for the better order of government in the conservation 
of the place, and in the execution of such orders and 



112 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Colonial directions as from tyme to tyme shall be directed unto 
Acts of them, as alsoe for the preventinge and avoyding of such 
1623-4. mischiefes as may happen unto us by the intrusions and 
practices of the Indians, our irreconcileable enemies, 
Noiv know ye that I (the governor) out of the good 
opinion I do conceive of the discretion, care and cir- 
cumspection of (A. B.,) do by these presents, with the 
consent of the councel of state, constitute and appoint 
him the said (A. B.,) to be the Principal Commander 
Precincts, of and for the plantations within the precincts of 
(naming the particular plantations) — Giving, and by 
these presents granting, unto him full power and 
Powers authority to do, execute, and performe all such matters 
and duties. an( j things as are incident and appertayning to the 
place and office of commander there. Willing and 
requiring him, the said (A. B.,) to see that all such 
orders as heretofore have been, or hereafter shall be, 
given by the governor and councel, bee duly executed 
and observed. Hereby also chardging ajl persons 
Obedience residing and being, or which shall hereafter reside or 
command- Dee within the same, to yield due respecte and obedi- 
ence unto him, or in all things which unto him, or 
them, respectively do belong or appertain — In witness 
whereof, &c." 



Legislation These records give us a pretty just and correct idea 
ony h 4ne°r- of tlie condition of the colony of Virginia, and the 
all . v - frame of government under which it was established at 

this early period ; and form the basis of its whole sub- 
sequent political existence. From the scattered and 
sparse fragments of records which have been preserved, 
from this date down to the year 1629, it would seem 
that its legislature, during the interval, was mostly 
occupied in re-enacting the Acts of Uniformity passed 
by parliament ; or otherwise imitating the Church of 
England, by adopting and promoting its canons, its dis- 
cipline and service ; in enforcing attendance at church 
on the sabbath, and the observance of holi-days, and 



THE UNITED STATES OP AMERICA. 113 

UNDER THE THIRD CHARTER OF JAMES I. PART I. 

other religious services, appointed by the church or colo- 
nial authorities ; or in directing such defensive opera- 
tions as were necessary to protect them from the Indians.* * Henning, 

It has been well said that the character of a people 
may be known from their laws, yet the imperfect records 
of mere municipal legislation do not always furnish the 
fullest or the best evidence of the actual political life 
of the early colonies in America, or of their relations 
with the parent state. 

The action of the government of the colony quite 
as frequently manifested itself in the shape of procla- 
mations addressed to the people, and instructions given 
to its various officers, directed to be issued by the 
governor and council, which also assumed the force 
of laws. These may have served the purpose for 
which they were intended without ever having been 
engrossed, or filed in the archives of state. Besides 
this, their political existence was necessarily progres- 
sive, and at times too rapidly changeful, to wait the 
slow and tedious process of periodical legislative enact- 
ments. Hence they were at all times in a condition more 
or less transitionary. It was impossible that the settle- 
ments planted in Virginia should grow and still remain 
unaffected by the leaven of human progress generated 
by the protestantism of the reformation, which, under 
the name of Puritanism, was now more actively agita- Puritanism 
ting the parent state in all its relations, whether polit- ^ yf r a _ u(1 
ical, social, or ecclesiastical. The increasing number ginia. 
of emigrants to Virginia increased the number of her 
towns, and these added year by year to the number of 
representatives in her General Assembly. Thus that 
body was brought more under the influence of the 
popular will, while its more earnest deliberations led 
to a still further illustration of the objectionable 
features inherent in the policy of their charter govern- 
ment ; and also emboldened them more freely to assert 
their rights, as well as to oppose any infringement of 
what they called their liberties, by the company. 
8 



114 THE GOVERNMENTAL HISTORY OF 



Part I. 



It will be observed, by a reference to the sixth 
section of the order of the company and council in 
London, instituting a Council of State and General 
Negative Assembly in the colony, and the commission to Gov. 
Courf of Wyatt, that it was declared to be the company's 
Coion?d 011 intention — " after the government of the said colony 
Laws. was well framed and settled, to provide that no order 
of Quarter Court in England should, bind the colonists 
until ratified by their own General Assembly in the 
colony." The non-fulfillment of this assurance was a 
source of dissatisfaction with the rulers as well as the 
people. The colonial government accordingly made 
and enforced its laws, and regulated all local 
affairs, without waiting for a ratification of their ordi- 
nances or enactments by the Great and General 
Court of the company in England. James and his 
ministers looked with jealousy and apprehension upon 
these symptoms of increasing strength and independ- 
ence. The meetings of the company and council in 
Puritanism London had also become scenes of political discussion, 
and vii> n wnGre the advocates of protestant freedom and the 
ginia. defenders of the royal and church prerogatives were 
frequently at issue. Attempts were made to check the 
latitude of these debates in both branches of the cor- 
poration, and to bring them back again to their original 
state of subjection by a change of officers. Whatever 
may have been the result of this interference under 
the immediate eye of the crown, it had the effect in 
Virginia to link the colonists more firmly to each 
other. Finding his efforts to stifle the growth of lib- 
eral opinions unavailing, James at length had recourse 
to his royal prerogative. In its unjust and arbitrary 
exercise, he issued a proclamation appointing commis- 
sioners to enquire into all the transactions of The 
London Company from its first organization. The 
of the result of this investigation, agreeably with the design 
London w ith which it was directed, was made the pretext for 

Company, * 

1624. revoking the charter of the company. The conse- 



THE UNITED STATES OP AMERICA. 115 

DISSOLUTION OF THE FIRST COLONY BY JAMKS I. PART I. 

quence was a dissolution of its incorporation, and an Revocation 
escheat to the sovereign of all the lands, privileges, p a 4n t to 
immunities, and powers, which its patent had con- the Lon- 
ferrcd. Never was there a more arbitrary display of pa nyi624. 
kingly power, and never a more ill-timed and unfortu- 
nate exercise of it. Its injustice reached far into the 
ramified business, and the social and religious relations 
of the people, and fell with a crushing weight upon its effect in 
many who might, but for this, have been devoted ngan ' 
defenders and supporters of the royal prerogatives. It 
increased the agitations it aimed to terminate, opened 
a surer way for the progress of puritanical sentiments, 
and shortened by many years the duration of the 
crown's supremacy. 

Although the existence and management of the Its effect in 
company, as its directorship was constituted i n Vir g mia - 
England, had not been greatly favorable to the rapid 
advancement of the colony in Virginia : Although its 
government over the settlers had been in its spirit, and 
in many of its enactments, rigorous and arbitrary, and 
had tended rather to their oppression, still its dissolu- 
tion was in a measure regretted. It was more easy of 
resistance, and, as we have seen, had been practically 
deprived of much of its authority ; or awed from the 
exercise of its most odious powers, by the ready and 
indignant resistance of the burgesses to any unwarrant- 
able infringement of their local colonial rights and 
interests. But the entire prostration of the corpora- 
tion, and the assumption of direct and absolute control 
over the colony by the crown, seemed at first a fatal 
blow to many of the institutions of government and 
association which had grown up among the people of 
Virginia. Yet it is interesting to observe at this point 
in their history, how in the natural course of things 
the political elements of freedom were here developed 
and grew. While but a handful of feeble adventurers, 
the planters in America readily yielded to the control 
of a company of which they were nominally members, 



116 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia. 

Commis- and on whose supplies and protection their very 
Vii'lv f ° r ex i s teuce depended. But as tliey advanced in num- 
appointed bers, in strength, and in the resources of self-dcpend- 
y ames . enc( ^ ^ Q y re pudiated its powers, or virtually disre- 
garded its instructions and ordinances. At this crisis 
the crown steps in to claim its prerogatives of domain 
and sovereignty. But they had developed principles 
of organization, and founded institutions of govern- 
ment among themselves, which were essentially hostile 
to those prerogatives, and against which it was hazard- 
ous for the crown openly to war. 

The dissolution of the company, however, produced 
no immediate or material change in the government or 
legislation of the colonists. James by a special com- 
mission appointed a council similar to that which was 
created under the third charter to the company, 
called The King's Council for Virginia. This council 
consisted of twelve persons, who were appointed to 
take direction of the affairs of the company in the 
colony, until such time as the crown could find 
leisure to frame an appropriate and permanent code 
for its government. These commissioners attempted 
to procure from the General Assembly of Virginia 
an address to the King acknowledging their acquies- 
cence in the revocation of the patent to the London 
How re- company. But they refused to do anything more 
theColo- than to express their satisfaction that his majesty had 
uists - taken the concerns of the colony under his special 
care ; while they entreated that he " would graciously 
continue to them their present form of government, 
and would also permit their governor and assembly to 
direct the operations of such military forces as might 
be placed among them." 

We need not stay to speculate upon the probable 

consequences which might have resulted to the colo- 

Death of nists from the ordinances which James' wisdom and 

lK? 1 ' sa g acitv might have seen fit to devise. Death, the 

haughty leveller of all human projects and aspirations, 



THE UNITED STATES OF AMERICA. H7 

UPON THE ACCESSION OF CHARLES I. PART I. 

withdrew him from this scene of life. Yet it is neither 
idle nor unprofitable speculation, to note the changes 
which were consequent upon the interruption of his 
plans. The transfer of the powers and position of 
sovereignty, even under the ordinary and peaceful 
process of legitimate succession, has often changed the 
aspect, or been decisive of the fate, of kingdoms and 
of empires. To an empire like Great Britain, at a Effect of 
period in her history so fruitful of adventure; so rife of j ain e S i t 
with intelligent enterprise ; so agitated by religious 
enthusiasm ; so pregnant with the freedom of opinion 
and freedom of discussion generated in the church 
and in the state, in parliament and among the people, 
by the protestantism of the reformation, such a change 
was signally momentous and eventful. James I. had 
been a sovereign over Scotland for forty-nine years, 
twenty-one of which had included the more magnifi- 
cent empire of the United Kingdoms of England and 
"Wales, France and Ireland. To this he had added the 
foundation of a new empire in America, which was of 
itself well worthy the most careful consideration of the 
crown. The one in the old world, and the other 
in the new, the future of both was henceforth to be 
coloured and shaped by the experience, the character, 
and the capacity of his successor. But for the fortu- 
nate results to mankind which we now know, would it 
not seem strange that in the economy of the all-seeing The succes- 
God such a splendid heritage of power should have si ? n of 

- ,, . . . , ., Charles I., 

lallen to a prince so inexperienced, so arrogant, and so 1625. 
prodigal, as his son and successor ? 

Charles I. ascended the throne at the early age of 
twenty-five years. He had been educated to entertain 
high notions of the royal prerogatives, and " though he 
was virtuous in his domestic and private life, in relation 
to his kingdom, he disregarded justice and the rights of 
the people, as much as if he had been wicked and tyran- 
nical."* He adopted the maxims of his father, not only * Bissett's 
in relation to his home administration, but also with England. 



118 THE GOVERNMENTAL HISTORY OF 

Part I. tirginia. 

After the reference to the colonies in America. Instead of re- 
dissolution n . .-, . J.1 j X 

oftheLon-g a ra m g them as in any sense the creatures or property 
don Com- f the London or Plymouth companies, he declared that 
they were a part of the empire annexed to his crown, 
and subject to his sole will and sovereign control. The 
Colonial council appointed by James I. with Sir George Yeardley 
Charies*! as & overnor 5 an( ^ a secretary, were appointed to super- 
intend and direct the affairs of the American colonies, 
conforming themselves to whatever instructions they 
should from time to time receive from the crown. 
They were also directed to take the property of the 
late London company and apply it to general use. 
It was not a part of the provisions directed by Charles, 
nor was it his intention, to continue the general assem- 
bly as already constituted, or to allow the people to 
participate in the government or legislation of the 
colony. All municipal powers were vested exclusively 
in the president and council. It was further a part 
of his system that offenders should be transported to 
England, to be tried and punished for crimes charged 
against them, or committed in the colony. The op- 
pressive nature of these provisions was not felt dur- 
ing the mild and liberal administration of governor 
Yeardley ; nor can I find any warrant in the colonial, 
records for saying that they were generally enforced 
by the crown or council. There seems to have been 
in fact, no interruption of the regular meetings of 
the general assembly, and, from aught that appears, 
they were conducted under the same form, and in the 
same manner, as during the existence of the London 
company's dominion and charter. 
Governor Upon the death of Sir George Yeardley the colo- 
succeeded uial government passed into the hands of Sir John 
£ y , Sir „ Pott, under whose administration there was a regu- 

John Pott, ' , . . _. . 

1629. lar session of the general assembly m October, 

General 1Q9 Q f f w hich the burgesses formed a part. There 

of the 7 were twenty-three boroughs or plantations represented 

Colony. in this assem biy ; some of them sending two, some 



THE UNITED STATES OP AMERICA. 119 

UPON THE ACCESSION OF CHARLES I. PART I. 

four, and some as many as six representatives ; while After the 
" for the Easterne Shore noe burgesses did appear."* onhSn- 
It seems to have been left to the option, or discretion, don Com- 
of each plantation to decide, from time to time, upon pany * 
the number to be sent. The oaths of supremacy and 
allegiance were administered to the governor and ning > s " 

council, and then to all of the burgesses. This was Statutes 

• _ .. . at Large, 

done generally at each session ol the general as- 
sembly during the reign of Charles I. The legislative 
acts of this session were but few and related almost 
entirely to their aggressive conflicts with the Indians. 
The several commanders of plantations were ordered 
" to levy a partie of men out of the inhabitants of that 
place, so many as may well be spared without too much 
weakening of the plantations, and to imploy those men Legislation 
against the Indians when they shall assault us neere of ^f As : 

° . ' . sembly of 

unto our habitations, or when they in their discretion Oct. 1629. 
shall deeme it convenient to cleare the woods and the 
parts neere adjoining when the Indians shall be a hunt- 
ing, or when they have any certain knowledge of the 
Indians abroad in those places." Three several expe- 
ditions were planned for this purpose. It being ques- 
tioned also in this assembly, whether " new-comers shall 
be restrained from planting tobacco the first year and 
they to be exempted from all taxes and marches for 
that year. The major part would have no restraint 
made to new-comers." The planting of tobacco was 
generally " limited this year to so many pounds a head 
or per poll, to be increased by permission from the 
governor at his discretion." The burgesses were em- 
powered to enforce the collection of taxes by distress 
and sale, and to be fined by the governor in case of 
their neglect to do so. Provision was also made for the 
erection of fortifications, and the repairing of chu'rches. 
The most remarkable proceeding in the colony at 
about this time was the trial of his excellency, Sir 
John Pott, M. D., for stealing. Sir John Harvey had 
succeeded him in the office of governor, and from the 



120 



THE GOVERNMENTAL HISTORY OP 



Part I. 



VIRGINIA, 



*I.Hen- 
ning. 

General 
aspect of 
the Colo- 
nial Ad- 
ministra- 
tion. 



After the minutes of the judicial proceedings of the governor 

oftheVou- ail( ^ council, dated July ninth, 1630, it seems that " Dr. 

don Com- John Pott, late governor, indicted, arrained and found 

guilty of stealing cattle ; 13 jurors 3 whereof councel- 

lors, — this day wholly spent in pleading; next day, 

in unnecessary disputation : Pott endeavouring to 

• prove Mr. Kingswell (one of the witnesses against him) 

an hypocrite, by a story of Gusman of Alfrach the 

rogue. In regard to his quality and practice judgment 

respited till the King's pleasure known ; and all the 

councel became his security."* 

There was evidently something reformatory in the 
chief administration of the colony after it came under 
the immediate supervision of the crown, as well as in 
the submission of the colonists to its arbitrary exer- 
cise of power. The governors assumed more the posi- 
tion and prerogatives of royalty than they did, or pro- 
bably dared to, when they received their commissions 
from the London company ; while the people seemed 
more in awe of the King's vicegerent than they for- 
merly were of the company's agent. This may be at- 
tributed in part to the more splendid appliances, the 
provisions for residence, and regalia of office which 
were the accompaniments of the royal gubernatorial 
commissions. And the like exhibition of lordly pre- 
eminence may be discovered in the members of the 
council from the simple record of proceedings in the 
trial of Sir John Pott. Out of respect to his quality 
they ventured not to punish him " without knowing the 
King's pleasure, and all the council became his secu- 
rity." 

The fact is, and it is important to be observed, Vir- 



Virginia 

becomes a ginia from a subordinate trading establishment had 
Colony, become a royal colony. Springing into being under 
the auspices of a company whose operations had refer- 
ence to a country newly discovered, not yet explored, 
and whose riches and extent were not even dreamed 
of, it was at first brought under a charter whose pro- 



THE UNITED STATES OP AMERICA. 121 

DURING THE REIGN OF CHARLES I. PART I. 

visions were mostly applicable to a mere commercial Virginia a 
adventure. A further knowledge of the territory lying colony, 
along its coast, and the Islands in its interior and adja- 
cent waters, prompted more liberal and extensive pro- 
visions for its settlement under a second and separate 
charter to the proprietors of the company. The still 
more astounding development of its capacities, its 
bays, its rivers, its soil, its population and productions, 
which followed this charter, made it an object of more 
enlarged enterprise and ambition, and secured for it a 
proprietary government under a third charter, ac- 
companied with all the paraphernalia and the applian- 
ces of an effective political organization. Having ac- 
complished the purposes of commercial enterprise and 
political adventure, and made its vast regions capable 
of becoming permanently tributary to the revenues of 
a crown and the glory of a mighty empire, it be- 
comes the acknowledged offspring, and is made the 
special care of royalty. 

Being thus made a royal colony, her chief officers The royal- 
assumed all the pomp, the circumstance and the insig- adminis^ 
nia of royalty. The salary of the governor was fixed tiation - 
by an allowance from the crown. He was provided 
with a body of attendants consisting of "five or six 
sufficient men," who were maintained "on purpose" to 
wait on his person, and to do his bidding. The mem- 
bers of the state council, also, receiving their commis- 
sions directly from the crown, and feeling that they 
were but another peerage, adopted a loftier bearing, 
and a more sumptuous style of living; while the bur- 
gesses were not unaffected by a like pride of place and 
association. Hence the colony of Virginia early be-Hermon- 
came, in its e'ssential characteristics and appliances of f^ulr* 1 
government, a miniature exhibition of the monarchical 
elements in the constitution of the mother country. 
Year after year she avowed by her acts the supremacy 
of the crown, recognized the authority of the estab- 
lished church, and submitted to the jurisdiction of parlia- 



122 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Virginia a ment, shadowing forth no principles which would prob- 

Royal Colo- ,, , , , , .. t ,. r 

ny, 1625 ably have led to a separation Irom the parent state, 
to 1651. ] ia( j s j ie liever b een affected by the spirit which planted 
and reared the northern or New England colonies. 
The latter " within a few years of their plantation mani- 
fested the same spirit, and vindicated the same rights, 
which a century and a half afterwards produced a refu- 
* B ^ set J s sal of British taxation, and independence on the British 
voli. ' crown."* 

The con- There was one feature, however, in the organization 
elemental °f tne government in Virginia, which kept it near to 
her poiiti- the people and always conserved their rights and free- 
ism. & dom. That was, the representative branch of her gen- 
eral assembly, which was now too well established as 
an organic element of administration ever to be dis- 
turbed with impunity. Indeed the guarantee of her 
future freedom consisted mainly in the fact that she 
regarded her general assembly as her parliament, and 
the powers which parliament claimed to exercise in 
England she claimed to exercise through her legisla- 
ture in the colony. 
Re-district- In the year 1634 the whole colony was distributed 
Colony! e °^ mto ^ght shi res > " to be governed as the Shires in 
1634. England." The names of the shires were, James- Citty, 
Henrico, Charles- Citty, Elizabeth- Citty, Warwick- River, 
Warrosquoyke, Charles-River, and Accomack: 

Lieutenants were appointed in each shire the same 
"as in England, and in a more special manner to take 
"care of the war with the Indians: And as in England, 
"shireiffs shall be elected to have the same power as 
" there ; and sergeants, and bailiffs, where need requires. 
" Commissioners, instead of £5 causes, may determine 
Shire or " X10 causes : And one of the council to have notice 

County . *. 

Courts. "and assist in each court of shire." 

Sir John Sir John Harvey, at this time the royal governor of 

Governor. Virginia, was a man of a rapacious and tyrannical 

spirit, who ruled over the colony with the overbearing 

"insolence of office;" and in the oppressive exercise of 



THE UNITED STATES OP AMERICA. 123 

DURING THE REIGN OP CHARLES I. PART J. 

his princely prerogatives of power. He invaded the Virginia a 
right of property and embarrassed the trade of the colony ny i 6: >5 
by arbitrary restrictions imposed in the shape of procla- to 165L 
mations. For several years, out of respect to his com- Nation" 1 " 
mission, they submitted to his administration ; but their 
loyalty being taxed beyond the limit of endurance he 
was at length "thrust out of his government." "On Deposed 
the petition of many inhabitants, an assembly was ^^ ' 
called to meet on the seventh of May" following, "to 
receive complaints against him." The result was that 
he was convicted of mal-administration, sent a prisoner 
to England; and "Capt. John West was appointed toCapt. John 
act as governor until the King's pleasure be known." Governor. 6 

So summary and independent a method of redressing 
their grievances, was revolting to Charles' ideas of the 
homage and submission which were due from his sub- 
jects. He regarded it as a dangerous act of rebellion, Sir John* 
and Sir John* Harvey was sent back to resume his iu g[J t e e y d b G y 
administration, with powers less limited and enlarged the King, 
prerogatives. 

We are now approaching a period in the history of 
the mother country when the more active development > 

of the political elements of freedom embraced in the 
protestantism of the reformation, interested and agita- p r0 gress 
ted all classes and conditions of men. The more zeal- of ? rot ? st * 

antism in 

ous of the Puritans had planted a colony on the inclem- England, 
ent shores of New England, which had become at once 
a permanent and flourishing settlement, while their 
sentiments were attracting the attention of aspirants 
after power and preferment, both in the church and 
state at home. I shall have occasion more fully to 
refer to this condition of things in the parent kingdom, 
when I come to the Second Part of this work. Suffice See Part 
it here to say, that the strifes it originated enhanced ' 
the domestic troubles which now seemed to be gather- 
ing around Charles I., leaving him but little leisure to*^^ 
interest himself in the administration of affairs either colonial 
in Virginia or New England. It made him also appre- the Cro\ 



124 



THE GOVERNMENTAL HISTORY OP 



Part I. 



Virginia a 
Royal Colo- 
ny, 1625 
to 1051. 



Sir Wil- 
liam Berke- 
ley appoin- 
ted Gov- 
ernor, 
1640. 



Attempt 
of the 
London 
Co. to re- 
vive its 
Charter, 
1642. 



Remon- 
strance 
against the 
London 
Company, 
1642. 



Preamble. 



hensive lest the grievances complained of in America 
might reach the ear of parliament and the nation, and 
thus increase the discontent and hostility which his 
home-administration had already generated. He ac- 
cordingly adopted a more lenient policy, and appointed 
Sir William Berkeley, a man of superior worth and 
endowments, of mild and engaging manners, governor 
of Virginia. The new governor was directed to pro- 
claim that in all its concerns the colony should be gov- 
erned according to the laws of England. He was also 
authorized to continue the general assembly, and to 
erect and establish courts of justice where not already 
established, or wherever needed or desired. His com- 
mission was simply a confirmation of the existing organi- 
zation of the colonial government. 

It had been usual for the colony of Virginia, from 
the time of the dissolution of the London company, 
to have an agent resident in London, near the royal 
court, to represent its interests and look after its com- 
mercial as well as its diplomatic affairs. An effort was 
made at this period, by the proprietors of the late 
company, through the medium of this agency, to revive 
the charters of James I. and restore the colony of Vir- 
ginia to the proprietorship of the first corporation. 
This drew from the grand assembly of the colony a 
very interesting and important document in the shape 
of a remonstrance, which was sent to the crown, and 
here becomes a material part of our governmental his- 
tory. I set it forth entire ; it was entitled — 

" The Declaration against the company, to be entered 
as the Twenty-First Act. 

" To all christian people to whom these presents shall 
come to be read, heard, or understood. We, the gov- 
ernor, council and burgesses of the grand assembly in 
Virginia, send greeting; in our Lord God everlasting: 
Whereas George Sandis, Esq., being appointed agent 
for the colony by an assembly 1639, hath exhibited a 
petition, in the name of the adventurers and planters 



THE UNITED STATES OF AMERICA. 125 

DURING THE REIGN OF CHARLES I. PART I. 

in Virginia, to the Honorable House of Commons in Virginia a 
parliament in England, for the restoring of the letters ny) " 1625 
pattents of incorporation to the late Treasurer and Com- to 1651 - 
pany — mistaking his advice and instructions from the st r™e" 
said assembly; for his so doing it being neither the &c., 1642. 
meaning nor intent of the said assembly, or inhabitants 
here, for to give way for the introducing of the said 
company, or any other. To which intent and pur- 
pose this grand assembly, having fully debated and 
maturely considered the reasons on both sides, as well 
arguing for, as against, a company ; and looking back 
into the condition of the times under the company, as 
also upon the present state of the colony under his 
majesty's government, they find the late company in 
their government intolerable, the present comparatively 
happy, and that the old corporation cannot with any Its restora- 
possibility be again introduced without absolute ruin J™™ 1 ^ 
and dissolution to the colony for these reasons follow- colony, 
ing, viz: 

" First. The intolerable calamity of the colony we 
find proved by many illegal proceedings, and barbarous 
torments inflicted upon divers of his majesty's subjects, 
in the time of the said company's government; all 
which appear per depositions taken at a grand assembly 
Anno 1632, and is known to divers now living in the 
colony. 

" Also we find the whole trade of the colony, to the Oppress- 
general grievance and complaint of the inhabitants, ™° a f u the 
then and now, appearing to us monopolized by the said 
company, insomuch that upon the going home of any 
person for his country it was not free for him to carry 
with him the fruits of his labour for his own comfort 
and relief, but was forced to bring it to the magazine 
of the company, and there to exchange it for useless 
and unprofitable wares. 

2dly. The present happiness is exemplified to us by ff™ 31 '* 
the freedom of yearly assemblies, warranted unto us their reia- 
by his majesty's gracious instructions, and the legal E>own. 



120 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Virginia a, trial for juries ill all criminal and civil causes where 

Royal Col- . , * 

ouy 1625 it shall be demanded. And above all by his majesty's 
to 1651. rc) yal encouragement unto us, upon all occasions, to 
Remon- address ourselves unto him, by our humble petitions, 
strance which doth so much distinguish our happiness from 

that of the former times that private letters to friends 

were rarely admitted passage. 

" To the Third, (reason) for introducing the old cor-* 

poration "without ruin and dissolution to the colony at 

present, as a thing not possible, we conceive we have 

these just grounds. 
Right of « ist. There can be no right or property introduced 

property ° r r- •/ 

how affect- for them, without proving the illegality of the King's 
e y lt# proceeding, so that all grants since, upon such a foun- 
dation, must of consequence be void and tending to 
displeasure. "We, the present planters, enjoy our lands 
by immediate grant from his majesty, if (as it is argued 
in their petition) the king had no power to grant, our 
possessions must give place to their claim, which is one 
invincible argument (as we conceive) of the ruin and 
dissolution to the colony at present. When, if their 
pretences take place, we must be ousted of all. 
Distmc- u j± m i w ii er eas it is alledged that the charter of 

tions made ° 

between orders from the Treasurer and Company, Anno 1618, 
adventur- ^ VQS us c i a j m an( j right, to be members of the corpo- 
ration quatenus planters ; we find the company by the 
said charter, where members being planters and adven- 
» turcrs are considered by themselves, and distinguished 
in privileges from planters and adventurers not being 
members; and we further find ourselves (being the 
king's grantees) in the said charter condemned, the 
clause plainly pronouncing in these words — (we do 
ordaine that all such persons that of their own volun- 
tary will and authority shall remove into Virginia, 
without any grant from us in a great and General 
Quarter Court, in writing under our seals, shall be 
deemed, as they are, occupiers of our land, that is to 
say of the common land of us the said Treasurer and 



THE UNITED STATES OF AMERICA. 127 

DURING THE REIGN OF CH4RLES I. PART I. 

Company ;) much more such grantees as have their Virginia a 

.,.'-■ • -i . ^ i E °y al Co1 - 

nght from an erroneous judgment, as they pretend. ny, 1625 

Idly. That if the company be renewed, by which to 1651 - 
means they, as aforesaid, have leave and the strength France, 
of their own charter of orders, publicly in this colony &c -> 1642, 
to displant us ; the wiser world we hope will excuse us 
if we be wary to part with what (next our lives) near- 
est concerns us, (which are our estates, being the live- 
lihood of ourselves, wives and children,) to the curtesy 
and will of such task-masters from whom we have 
already experimented so much oppression. 

Sdly. We may not admit of so unnatural a distance 
as a company will interpose between his sacred maj- 
esty and us, his subjects, from whose immediate pro- 
tection we have received so many royal favors and Upon their 
gracious blessings. For by such admission wfth'the 

1st. We shall degenerate from the condition of our Crown, 
birth, being naturalized under a monarchial govern- 
ment, and not a popular and tumultuary government, 
depending upon the greatest number of votes of per- 
sons of several humors and dispositions, as this of a 
company must be granted to be ; from whose general 
quarter courts all laws binding the planters here, did 
and would issue. 

" Idly. We cannot, without breach of natural duty Effcct 
and religion, give up and resign the lands which we tenure of 
had granted, and hold, from the king, upon certain lands - 
annual rents (fitter as we humbly conceive, if his maj- 
esty shall so please, for a branch of his own royal stem, 
than for a company) to the claim of a corporation ; 
for besides our births, our possessions enjoin us as a 
fealty without a sal va fide aliis dominis. 

" We conceive by admission to a company, the free- Its effect 
dom of our trade (which is the blood and life of a^e. 
commonwealth) is impeached ; for they who with most 
secret reservation, and most subtilty argue for a com- 
pany, tho' they pretend to submit the government to 
the king, yet they preserve to the corporation propriety 



128 THE GOVERNMENTAL HISTORY OP 

Part I. tirginia, 

p"f ^c i to ^ ie l auc *> anc * power of manageing the trade, which 
onj, 1625 word manageing, in any sense taken, we can no ways 
to 1651. interpret, than a convertible to monopolizing, for 
strance, whether in this sense, that all the commodities raised 
&c, 1642. j n ti ie colony shall be parted with, exchanged, or vended 
at such rates and prizes as they shall set down ; or such 
wares and merchandizes as they shall import, or be dis- 
posed into their magazine, or such bottoms as shall 
from time to time be licensed or ordered by them ; or 
whether in this sense, that the planters, (may part with) 
Its effect only such commodities and in such proportions as by 
trade advice and determination of their quarter courts shall 
be directed, still the terms and conditions of the plant- 
ers are subjected to a monopoly that is to their sole 
guidance, governing and manageing ; with what reason 
we leave to the world to judge : For though we sub- 
And Colo- luit in depth of judgment and understanding to such 
mal free- as s ] ia ^ s \i a t the helm there ; yet it is very possible, 
and indeed most probable, that at this distance wise 
men may mistake ; and there is more likelihood that 
such as are acquainted with the clime and the acci- 
dents thereof, may, upon better grounds, prescribe our 
advantages, both for quantity and quality of commodi- 
ties ; which by the bounty of his majesty we now enjoy 
by our grand assembly ; and in any other way will be 
destructive unto us according to our possession." 

" Though we admit the pretence that the government 
shall be made good to the king, that is, that the king 
shall nominate and appoint the governor — First, we 
find it directly besides the scope of the part which in- 
sists upon restoring the company in all formalities ; 
Next, we take it at best for a falicie and trap not of ca- 
pacity enough to catch men with eyes and foresight ; 
Govern- for upon a supposition that a governor shall be named 
theCoionv and appointed by his majesty, yet his dependence (so 
how affect- far forth as continuing or displacing) will, by reason of 
ed by it. j^j. p 0wer an{ j interest in great men there, rest in 
them ; which necessarily brings with it conformity to 



THE UNITED STATES OP AMERICA. 129 

DURING THE REIGN OF CHARLES I. PART I. 

their wills in whatsoever shall be commanded, which Virginia a 
how pernicious it will be to the colony, according to colony 
our assertion in this head, we leave to the ablest judg- 1625-51. 
ments. 

" We, the Governor, Councel and Burgesses of this Restora- 
present grand assembly, having taken into serious con- company 
sideration these, and many other dangerous effects, not desir - 
which must be concometent in and from a company or 
corporation, have thought fit to declare, and hereby do 
declare, from ourselves and all the commonalty of this 
colony, that it was never designed, sought after, or en-, 
deavored to be sought for, either directly or indirectly, 
by the consent of any grand assembly, or the common 
consent of the people : And we do hereby further de- 
clare and testifie to all the world, that we will never 
admit the restoring of the said company, or any for or 
in their behalfs, saving to ourselves herein a most faith- 
ful and loyal obedience to his sacred majesty, our dread 
soveraine, whose royal and gracious protection, and 
allowance, and maintenance of this our just declara- 
tion and protestation, we doubt not, according to his 
accustomed clemency and benignity to his subjects, to 
find. 

"And we do further enact, and be it hereby enacted? 'enaltyfbr 
and manifested per authority aforesaid, that what person its restora- 
or persons soever either is, or hereafter shall, by any tlon - 
way or means, either directly or indirectly, to sue for, 
advise, assist, abet, countenance, or contrive the reduc- 
ing of this colony to a company or corporation, or to 
introduce a contract or monopoly upon our persons, 
lands or commodities, upon due proof or conviction of 
any of the premises (to wit) by going about by any 
way or means to sue for, advise, assist, abet, counte- 
nance or contrive, the reducing this colony to a com- 
pany or corporation ; or to introduce a contract or mo- 
nopoly as aforesaid ; upon due conviction as aforesaid 
shall be held and deemed an enemy to the colony and 
shall forfeit his or their whole estate, or estates, that 
9 



130 



THE GOVEENMENTAL HISTOBY OF 



Part I. 



VIRGINIA, 



Virginia a 
Royal 
Colony 
1625-51. 
Force and 
extent of 
the Act. 



This act 
not to 
terminate 
the Assem 
bly. 



Continu- 
ance and 
adjourn- 
ment. 



shall be found within the limits of the colony, the one- 
half shall become to public uses, the other moiety or 
half to the informer. This act to be in force, and the 
penalty therein contained, to extend to all the adven- 
turers and planters now residing in the colony, upon 
the publication at James Citty : and to all adventurers 
and planters now in England or elsewhere out of the 
limits of the colony, within five days after the arrival 
of this our said declaration, protestation and act, with- 
in the kingdom of England : Signed under our hands, 
and sealed with our seal of the colony, at James Citty, 
the first day of April, in the year of our Lord 1642, 
and in the eighteenth year of the reign of our sove- 
raine Lord Charles over England, &c. 

" The Governor, Councel and Burgesses of this pres- 
ent grand assembly, taking into serious consideration 
the many and weighty business begun in this present 
grand assembly, and which yet do remain unfinished, 
and to prevent all doubts whether the passing of the 
acts already agreed upon will not be a determination 
of this assembly, do hereby enact, and by the authority 
of this present grand assembly, be it enacted, that not- 
withstanding the passing and enacting of divers acts 
already agreed upon, this present assembly shall not be 
determined, but that it be adjourned to the Thursday in 
Whitsun-week, being the second day of June next com- 
ing, at which time and day the whole body of this pres- 
ent assembly, consisting of the governor, council and 
burgesses, shall repair to James Citty, then and there 
to determine and finish all such matters as shall be 
found necessary to be concluded and enacted whether 
in matters already begun, or other business that shall 
then begin, or be proposed, that may redound to the 
glory of God, the honor of his majesty, and the good 
of the colony. God save the King. 

(Signed) William Berkeley, etc." 

This able state paper which was signed by governor 
Berkeley, the members of the council, and the house of 



THE UNITED STATES OF AMERICA. 131 

DURING THE REIGN OF CHARLES I. PART I. 

burgesses, gives a very clear idea of the growth and Virginia a 
prosperity of Virginia after she became a royal colony. Colony 
A summary of the subsequent action of the assembly 1625-51. 
■was published in the shape of a proclamation, which 
forms an interesting record in her governmental his- 
tory. It was the first time in her colonial experi- 
ence that the session had been continued by a special 
adjournment. And the proclamation to which I refer 
was prompted by a desire on the part of the grand 
assembly to excuse themselves to the people, as well 
as to forestall any complaint which might be made 
against such a protracted session. It was stiled A 
remonstrance of the grand assembly, and proceeded as 
follows : 

" Whereas the natural and most wished effects of as- Address 
semblies may summarily be comprehended in the order- g^biy to 8 " 
ing and enacting of good and wholesome laws, and rati- the people, 
fying ; and relieving of such disorders and grievances 
which are incident to all states and republics, in which 
considerations this assembly may seem to have declined 
and swerved from those true intents of so happy con- 
stitutions, if their endeavors and declarations be appre- 
hended either by a bare view of the laws, few in num- 
ber, and therefore not answering the expectation of a 
meeting exceeding customary limits of time in this 
place used, or by comparing the payments and levies 
now imposed much more free, in respect that in them 
the grievance of the inhabitants were principally stated, 
" It is therefore thought fit by them, to present and 
remonstrate to the colony the weighty consequence and 
benefits redounding thereto by their late consultations. 
First, the first is instanced by repealing the act of 
four pound per poll yearly to the governor, which is a 
benefit descending unto us and our posterity, which we 
acknowledge contributed to us by our present gov- 
ernor. 

Next, by abolishing condemnations and censures Acts and 
(presidental from the time of the corporation) of the Assembly 6 



132 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia. 

Virginia a inhabitants from colonie's service ; wherein we may not 
Coiony likewise silence the bounty of our present governor in 
1625-51. preferring the public freedom before his particular 
profit ; in which act also we may pronounce the inhab- 
itants absolutely to have recorded the birth-right of 
their mother nation ; and the remains of the late com- 
pany's oppression to be quite extinguished. 
Addr 3dly. The near approach which we have made to the 

of the As- laws and customs of England in proceedings of the 

people, Court > and trials of causes. 

1642. ^tlily. The rules and formes set down for deciding of 

differences and debates concerning titles of land, and 
otherwise. 

bthly. The appropriating and accommodating of par- 
ishes with metes and bounds that God Almighty may 
be more duly served. 

Qthly. The treaties and overtures with the governor 
*See Part of the province of Mariland,* requiring much time for 
maturing ; and very successful in opening a trade in 
the bay of chessepiake. 

Ithly. The settling of peace with friendship with the 
Indians, by mutual capitulation, and articles agreed and 
concluded on in writing ; by many messages and inter- 
ruptions lengthened. 

%thly. The common grievances relieved and removed, 
in asseasments, proportioning in some measure pay- 
ments to men's abilities ; and estates augmented unto 
the wealthier sort by the number of the milk kine ; 
Acta and and m ^ ia ^ re ^ e ^ afforded to the poorer sort of the in- 
aims of the habitants ; which cause, thro' strangeness thereof, could 

l l_l ' 7 O 7 

not but require much time of controverting and de- 
bating. 

Wily. Lastly, the gracious inclination of his majesty, 
ever ready to our protection, and now more particu- 
larly assured to us, together with the concurrence of 
a happy parliament in England, were the greater mo- 
tives to us to take the opportunity of establishing our 
liberties and privileges, and settling our estates, often 



THE UNITED STATES OP AMERICA. 133 

DURING THE REIGN OF CHARLES I. PART I. 



heretofore assaulted and threatened, and very lately Virginia a 
invaded by the late corporation; and of preventing colony, 
the future designs of monopolizers, contractors } and 1625-51. 
pre-emptors, ever hitherto incessant upon us, not only 
bereaving us of all cheerfulness and alacrity, but usurp- 
ing the benefit and disposition of our labours ; And we 
apprehended no time could be misspent, or labour mis- 
placed, in gaining a firm peace to ourselves and pos- 
terity, and a future immunity and ease from taxes and 
impositions ; which we expect to be the fruits of our 
endeavors, and to which end we have thought it sea- 
sonable for us liberally and freely to open our purses, 
not doubting but all well affected persons will, with all 
zeal and good affection embrace the purchase, and pray 
to Almighty God for the success. — Given at a grand 
assembly, at James Citty, the 1st of July, 1642. 

(Signed) William Berkeley, (Gov.) 



It is difficult to understand the allusion, in the The 
closing part of this proclamation, to "the concurrence ress " 
of a happy parliament in England with the gracious 
inclinations of his majesty." The fact is well authen- 
ticated in history, that, in this same year, Charles I. 
became involved in a controversy with parliament, 
which was the commencement of a civil war, which 
ended in bringing his neck beneath the axe of the 
executioner. This condition of things in the parent see 
state, however, did not so materially concern the PartI1 ' 
colony of Virginia, as it did the colonies of New 
England. The political organization and character- 
istics of the former, and all the sympathies and incli- 
nations of its inhabitants, were so akin to royalty, 
that they were proud to proclaim themselves the birth- 
right of the crown. They took no part in the contro- 
versies which now agitated the parent nation, while 
they were careful to keep themselves true in their 
loyalty and relations to its sovereignty. As long as 
the action of parliament did not infringe upon the 



134 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Virginia a powers, or jurisdiction, which they claimed for their 
cY^ own S ran d assembly, they left it for those more 
1625-51. directly interested in its proceedings to question, or 
to war with, its enactments. The majestic coolness 
with which the people contemplated the commo- 
tions in the mother country is well illustrated by an 
act passed by the assembly while the civil war was at 
its heighth, and which is otherwise important. It 
recites : 
Provision Act LXXIII. " WJiereas, through the unkind differ- 
Governor ence now m England, it may with great reason be 
by the assured to the most scrupulous, that the severall pen- 

Colomal . ■ „ , . . . 

Assembly, sion and allowance from his majestie to the governour 
l643 b ' °f ^ n * s pl ace > * s wr *h* s present withdrawn and sus- 
pended ; and that therefore, for the sustentation and 
support of the honor of this place of gov'r, an accom- 
modation from the plantation in clear and absolute 
terms of necessity, is required and enforced ; Yet, 
nevertheless, this present grand assembly together, 
with an eye to the honor of the place, having alsoe 
entered into a deep sense and consideration of the duty 
and trust which the publique votes and suffrages have 
cast upon them ; under which is comprehended the 
most speciall and binding obligation, the preservation 
of the rights and properties of the people ; to which 
this course now intended may seem to threaten vio- 
lence, however rather innovated in the manner and 
circumstance than in value in substance ; yet, as well 
for silencing of pretences as for answering of argu- 
ments of weight; It is thought fitt hereby to declare, 
that as from the infancy of the colony there was never 
the like concurrence and pressure of affairs, which 
they likewise hope and pray to Almighty God to (avert) 
from his ma'tie, and his ma'tie's kingdoms ; soe they 
have recorded to posterity, with this ensuing presedent 
This Act °^ accomm °d a tion for the governour, that, the afore- 
not to ope- said instance and motives removed, they will never 
precedent. yield or consent to receive the same. This present 



THE UNITED STATES OF AMERICA. 135 

DURING THE CIVIL WAR UNDER CHARLES I. PART I. 

grand assembly hath heretofore enacted that the Virginia a 
present accommodation shall be as followeth, (vizt.) colony, 
That there be leavied for the said governour's accom- 1625-51. 
modation, for this present year 1643, 2 shillings a 
head for evry tithable person in the colony, to be paid 
in provisions as hereafter mentioned, at these rates, 
vizt.: Indian Corne at 10s. per barrel!, 2 barr. of ears Provision 

lor the 

to one of corne ; Wheat at 4s. per bushell : Beife at Governor 
3d. l-2d. pr. pound. Pork at ±d. per pound. Good Q J ^ iaX 
henns at 12d. Capons at Is. 6d. Calves at 6 weeks Assembly, 

1642-3 

old, 25s. Butter at Sd. per pound. Good weather 
goats at 20s. Piggs to roast, at 3 weeks old, at 3s. per 
pigg. Cheese at 6d. per pound. Geese, Turkeys, and 
Kidds, at 5s. pr. peece. The provision for corne to be 
levied out of these counties : Henrico ; North'Ton ; 
Eliza Cittie ; Lower Norff ; Vpper Norff; Yorke, 
including Peankhetank. These counties to pay the 
other provision : Charles Cittie ; Ja. Cittie ; Isle of 
Wight, and Warwicke. 

"Ffor collecting hereof, it is hereby enacted by this now col- 
grand assembly that upon the governour's notice of lected " 
the severall county courts, allowing the reasonable 
time, that they leavie the said severall proportions, alike 
proportionally as aforesaid in two places in every parish 
within the several counties respectively ; And the 
sheriff of the severall counties with the assistance of 
the constables of the limitts, are to give notice to the 
inhabitants, after the said provision is to be levied, to 
bring in their severall proportions to the said severall 
places, by them appointed as aforesaid. And in case 
of refusall, to distrain upon the estates of such who 
shall be delinquent in payment, and bringing it to the 
aforesaid places for satisfaction thereof. And the said 
sheriffs after such collection are hereby enabled to hire 
boats and men to bring the same to James Cittie to the 
governour's. And their severall disbursements and 
charges therein expended to be putt to account, and 



136 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia. 



Virginia a presented to the next general assembly, to be satisfied 

cot nv, out of the levie." 

1626-61. (Signed,) William Berkeley. 



I find no material change to have taken place in the 

government or administration of the affairs of the 

colony during the subsequent years of the reign of 

Charles I. In the year 1648 the people complained to 

the general assembly of the powers exercised by the gov- 

Military ernor and council in pressing soldiers into service with* 

menTby ou * an ^ concurrent action on the part of the burgesses. 

the Gov'r, Whereupon it was declared that such power was thus 

1 fiAQ 

lawfully exercised. That it was derived to the governor 

and council under their commissions and instructions 

from the crown, and that the people "ought humbly to 

acknowledge his majesty's royal care of his subjects in 

establishing such a power wherein are naturally placed 

so many concernments to the peace and safety of all 

*}■ , H | n " good subjects, many accidents not admitting delay of 

utes, 355. time nor those slow motions of great counsells."* 

Execution Charles I. was executed on the thirtieth day of Jan- 

of Charles uar y 3,(349 w h e n parliament assumed and exercised 

I., and es- J ' ' f 

tablish- the powers of government under "The Common- 
™The wealth." They were shortly after wrested from it by 
Common- Oliver Cromwell, who established the same under his 
own protectorate. The political effect of this change 
of affairs in the mother country, so far as it concerned 
the colonies in America, was, to raise a question as to 
the powers of the governor and council, and of all 
other officers appointed by them under their corn- 
See Part II. missions from the crown. It was eagerly claimed in 
New England that the abolition of the regal power in 
the parent state necessarily extinguished all offices and 
powers created under its prerogatives in America. 
Virginia was too much of a royal colony, and too loyal 
to the rights of monarchy, to permit the discussion. 
At the first meeting of her grand assembly after she 
had heard of the fate of her acknowledged sovereign, 



THE UNITED STATES OF AMERICA. ll/I 

TJI'ON THE EXECUTION OF CHARLES I. FAET I. 

she was careful by her very first enactment to let the Virginia 
world know her opinions and position. It is but justice coioJy, 
to her and to the truth of history to give her declara- 1625-51. 
tions in her own words. She enacted : 

"Act I. Whereas, divers out of ignorance ; others Proceed- 
out of malice, schism, and faction, in pursuance of Grand 
some design of innovation ; may be " presumed to pre- £ ssen ^ , y» 

. , Oct., 1649. 

pare men's minds and inclinations to entertaine a good 
liking of their contrivement, by casting blemishes of 
dishonor upon the late most excellent, and now Preamble 
undoubtedly sainted king ; and to those close ends pj,.^ 6 ^ 
vindicating and attesting the late proceedings against 
the said blessed king, (though by so much as they Loyalty to 
may seem to have color of law, and form of justice, ar es 
they may be truly and really said to have the more 
and greater height of impudence) : And upon this 
foundation of asserting the clearness and legality of 
the said unparalleled treasons perpetrated on the said 
king, to build hopes and inferences to the high dis- 
honor of the royal estate, and in truth to the utter 
disinherison of his sacred majesty that now is,* and the * Charles 
divesting him of those rights, which the law of nature 
and nations, and the known laws of the kingdom of 
England, have adjudged inherent to his royal line ; 
and the haw of God Himself (if sacred writ may be 
so stiled, which this age doth loudly call in question) 
hath consecrated unto him ; And, as arguments easily 
and naturally deduced from the aforesaid cursed and 
destructive principles, with much endeavor they press 
and persuade the power of the commission to be void 
and null, and all magistracy and office thereon 
depending to have lost their rigour and efficacy, by 
such means assuredly expecting advantages for the 
accomplishment of their lawless and tyrrannous 
intentions. 

"Be it therefore declared and enacted, and it is here- t ^ e e ^ x ^, 
by enacted, by the Governor, Councel and Burgesses, and tlon of 

f i • - i mi i Charles I. 

the authority of the same, lhat what person soever, treason. 



138 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Virginia whether stranger or inhabitant of this colony, after the 
Colony date °f this act, by reasoning, discourse, or argument, 
1625-51. shall go about to defend or maintain the late traitorous 
proceedings against the aforesaid king of most happy 
memory, under any notion of law and justice, such 
person using reasoning, discourse, or argument, or 
uttering any words or speeches to such purpose or effect, 
and being proved by competent witness, shall be ad- 
judged accessory post factum to the death of the afore- 
said king, and shall be proceeded against for the same 
according to the known laws of England: 
Defaming " Or whoever shall go about, by irreverent or scanda- 
King, how lous words or language, to blast the memory and honor 
punished. f t na t } a ^ e mos t pious king (deserving ever altars and 
monuments in the hearts of all good men) shall, upon 
conviction, suffer such censure and punishment as shall 
be thought fit by the governor and council. 
To doubt " And be it further enacted, That what person soever 
of Charles sna llj ^>J words or speeches, endeavor to insinuate any 
II. to the doubt, scruple, or question, of or concerning the un- 
high trea-' doubted and inherent right of his majesty, that now is, 
80n - to the colony of Virginia, and all other his majesty's 

dominions and countries, as king and supreme gov- 
ernor, such words and speeches shall be adjudged High 
Treason. 
To propose " And it is also enacted, That what person soever, by 
of°Goveni- fal se reports and malicious rumors, shall spread abroad 
ment, high among the people, any thing tending to change of gov- 
eminent, or the lessening the power and authority of 
the governor or government, either in civil or eccle- 
siastical causes, (which this assembly hath and doth 
declare to be full and pleanarie to all intents and pur- 
poses,) such persons not onely the authors of such 
reports and rumors, but the reporters and divulgers 
thereof (unless it be done by way of legal information 
before a magistrate,) shall be adjudged equally guilty; 
and shall suffer such punishment even to severity as 



THE UNITED STATES OF AMERICA. 139 

AND THE COMMONWEALTH. PART I. 

shall be thought fitt, according to the nature and quality 

of the offence."* nin ?sut 

These proceedings on the part of the colony of Virr ute | 360 . 
ginia, were met by an ordinance of parliament wherein 
it was declared, " that the colonies of America were, 
and ought to be, subordinate to, and dependent on, the 
Commonwealth of England, and subject to such laws 
and regulations as were, or should be, made by parlia- 
ment — that in Virginia, and other places,* the powers * Mary- 
of government had been usurped by persons who had p ART jjj 
set themselves up in opposition to the Commonwealth." 
They were therefore denounced as rebels and traitors, 
and all foreign vessels were forbidden to enter any of 
her ports. Commissioners were sent over with a fleet Commis- 
to enforce submission to the ruling administration in p ar ua. 
England. This convoy arrived at the mouth of the ment seut 

to Vir- 

Chesapeake Bay early in the year 1651, where they g iuia. 
were met by a large number of the people headed by 
Governor Berkeley, who offered a stout resistance to 
their entrance into the bay. They were eventually 
obliged, however, to yield to the superior force of the 
fleet of the commissioners and an amnesty was arranged. 
The colonial government at length surrendered, and the she sub- 
royal colony of Virginia agreed to remain thenceforth Common- 16 
" in due obedience and subjection to the common-wealth wealth. 
of England," under the following compact, viz: 

"Articles at The Surrender of the Countrie. Articles of 
Articles agreed on and concluded at James Cittie in Vir- l65 ^ ^ ende^, 
ginia for the surrendering and settling of that planta- 
tion under the obedience of the Common-Wealth of 
England, by the commissioners of the Councell of 
State, by authoritie of the Parliament of England 
and by the Grand Assemblie of the Governour, Coun- 
cell and Burgesses of that countrey. 

First. It is agreed and cons'ted that the plantation The sub . 
of Virginia, and all the inhabitants thereof, shall be mission - 
and remaine in due obedience and subjection to the 



140 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Articles of commonwealth of England, according to the laws there 
i65i Cn 6I ' established : And that this submission and subscription 
be acknowledged a voluntary act, not forced nor con- 
strained by a conquest upon the countrey, And that 
they shall have and enjoy such freedomes and privelidges 
as belong to the free-borne people of England ; and that 
the former government by the commissions and instruc- 
tions be void and null. 
Powers of 2dly. Secondly, that the grand assembly, as for- 
the Grand mer iy shall convene and transact the affairs of Virginia, 

Assembly. J ' . 

wherein nothing is to be acted or done contrarie to the 
government of the commonwealth of England, and the 
lawes there established. 
Pardon of 2>(My. That there shall be a full and totall remission 
past offen- an( j i n d emn jtie of all acts, words, or writeings, done or 
spoken, against the parliament of England in relation 
to the same. 
Limits of Athly. That Virginia shall have and enjoy the antient 
the Colony. | JOlinc | s an( j lyj^fts granted by the charters of the for- 
mer kings ; And that we shall seek a new charter from 
the parliament to that purpose against any that have 
intrenched upon the rights thereof. 
Confirma- 5th ly. That all the pattents of land granted under 
Patents *he collony seale, by any of the precedent governours, 

shall be and remaine in their full force and strength. 
Privilege Qth/y. That the privilidge of haveing ffiftie acres of 
of 50 acres. j an( j f or every person transported in the Colony shall 

continue as formerly granted. 
Free trade. Ithly. That the people of Virginia have free trade as 
the people of England do enjoy, to all places and with 
all nations according to the laws of that commonwealth ; 
And that Virginia shall enjoy all priviledges equall with 
any English plantations in America. 
Taxes. Wily. That Virginia shall be free from all taxes, cus- 

tomes, and impositions whatsoever, and none to be im- 
posed on them without consent of the grand assembly ; 
And soe that neither ffortes nor castles bee erected, or 
garrisons maintained without their consent. 



THE UNITED STATES OF AMERICA. 141 

SURRENDERS TO THE COMMONWEALTH. PART I. 

Wily. That noe charge shall be required from the Articles of 
country in respect of this present fleet. 165L e ' 

lQthly. That for the future settlement of the country Engage- 
in their due obedience, the engagement shall be fen-JJJjjJ^jJ^ 
dered to all the inhabitants according to act of parlia- 
ment made to that purpose, that all persons who shall 
refuse to subscribe the said engagement, shall have a 
yeare's time if they please to remove themselves and 
their estates out of Virginia, and in the mean time 
during the said yeare to have equall justice as formerly. 

llthly. That the use of the booke of common prayer Book of 
shall be permitted for one yeare ensuinge with refer- p°"yer° Q 
rence to the consent of the major part of the parishes 
Provided that those things which relate to kingshipp 
or that government, be not used publiquely: And the 
continuance of ministers in their places, they not mis- Ministers. 
demeaning themselves; And the payment of their 
accustomed dues, and agreements made with them 
respectively, shall be left as they now stand dureing 
this ensuinge yeare. 

Ylthly. That no man's cattell shall be questioned as Cattle, 
the companies, unles such as have been entrusted with' 
them or have disposed of them without order. 

\2>thly. That all ammunition, powder and arms, other Arms, &c. 
than for private use, shall be delivered up ; securitie 
being given to make satisfaction for it. 

14thly. That all goods alreadie brought hither by the Goods free 
Dutch, or others, which are now on shoar shall be free u ™ m seiz " 
from surprizall. 

15thly. That the quittrents granted unto us by the Quit Rents, 
late kinge for seaven yeares bee confirmed,, 

lQthly. That the commissioners for the parliament Mutual 
subscribing these articles engage themselves and the pe ge ' 
honor of the parliament for the full performance there- 
of: And that the present governour and the councill 
and the burgesses do likewise subscribe and engage the 
whole collonie on their parts. Rich : Bennett, seal. 

Wm. Claiborne, seal. 
Edmund Curtis, seal. 



142 



THE GOVERNMENTAL HISTORY OP 



Part I. 



Articles of 
Surrender, 
1651. 



" These articles were signed and sealed by the commis- 
sioners of the councill of state for the Commonwealth 
of England, on the twelfth day of March, 1651. 



Articles 
with the 
Gov. and 
Council. 



Oath of al- 
legiance. 



May speak 
well of the 
king. 

Bearer of 
dispatches 
to Charles 
II. 



Gov. &c, 
may move 
away. 



To have 
justice. 



And secu- 
rity of 
property. 

The gov- 
ernor's 
dues, &c. 



May leave 
for Hol- 
land or 
England. 



Articles for the Surrendring of Virginia to the Sub- 
jection of the Parliament of the Commonwealth of Eng- 
land, agreed uppon by the Horiorable the Commissioners 
for the Parliament and the Hon'ble the Governour and 
Councill of State. 

First. That neither governour nor councill shall be 
obliged to take any oath or engagementt to The Com- 
monwealth of England for one whole yeare. And that 
neither governour nor council be censured for praying 
for, or speaking well of the king, for one whole year, 
in their private houses, or neighboring conference. 

2dly. That there be one sent home at the present 
governour's choice to give an accompt to his ma'tie of 
the surrender of his country, the present governour 
bearing his charges, that is Sir William Berkeley. 

2>dly. That the present governour, that is Sir "Wil- 
liam Berkeley, and the councill, shall have leave to sell 
and dispose of their estates, and to transporte them- 
selves whether they please. 

Mhly. That the governour and councill, though they 
take not the engagement for one whole yeare shall yet 
have equal and free justice in all courts of Virginia 
until the expiration of one whole yeare. 

hthly. That all the governour's and councill's land 
and houses, whatsoever belongeth to them, bee particu- 
larly secured and provided for in these articles. 

Qthly. That all debts of the governour's by act of 
assembly, and all debts due to officers made by the 
assembly bee perfectly made good to them. And the 
governour bee paid out of the goods remaining in the 
countrey of the Dutch ship that went away cleer for 
Holland without paying his customs. 

Ithly. That the governour may have free leave to 
hire a shipp for England or Holland, to carrie away the 



THE UNITED STATES OF AMERICA. 143 

SURRENDERS TO THE COMMONWEALTH. PART I. 

governour's goods, and the council's, and what he or 
they have to transporte for Holland or England without 
any let or any molestation of any of the State's ships 
att sea or in their rivers, or elsewhere, by any of the 
shipps in the commonwealth of England whatsoever. 

Sthly. That the captain of the fforte be allowed satis- 
faction for the building of his house in fforte-island. 

Wily. That all persons that are now in this collonie, Exemption 
of what quality or condition soever that have served from fines ' 
the king here or in England shall be free from all dan- 
gers, punishments or mulct whatsoever, here or else- 
where, and this article, as all other articles, bee in as 
cleer termes as the learned in the law of arms can 
express. 

lOthly. That the same instant that the commissions Act of ob- 
are resigned, an act of indempnitie and oblivion be 
issued out under the hands and seales of the commis- 
sioners for the parliament ; And that no persons in any 
courte of justice in Virginia be questioned for their 
opinions given in any causes determined by them. 

lltlily. That the governour and councill shall have Passports, 
their passes to go away from home in anie shipps in anie 
time within a yeare ; and in case they goe for London, 
or other place in England, that they, or anie of them, 
shall bee free from anie trouble or hindrance of arrests 
or such like in England, and that they may follow 
their occasions for the space of six months after their 
arrival. 

These articles were signed, sealed, and sworne unto, 
by us the commissioners for the parliament of the com- 
monwealth of England, the 12th of March, 1651. 

Rich : Bennett, seale. 
Wm. Claiborne, seale. 
Edmund Curtis, seale. 

Proclama- 

t»i ■ si • . ,.-r-»T t ' on °y tne 

.Proclamation of the Commissioners of Parliament, commis- 

" Whereas by the authoritie of the parliament of Eng-^j^^ 

land, we the commissioners appointed by the council iG5i. 



144 


THE GOVERNMENTAL HISTORY OF 


Part I. 


VIRGINIA, 



Prociama- f state, authorized thereto, having brought a ffleete 

tionbythe ■ , . . r_ . . . 

commis- and force before James Cittie in Virginia to reduce 
pariiament ^ iat co ^ on i e under the obedience of the commonwealth 
1651. of England, and finding force raised by the governour 
and country to make opposition against the said ffleete 
whereby assured danger appearinge of the mine and 
destruction of the plantation, for prevention whereof 
the burgesses of all the severall plantations being 
called to advise and assist therein, vpon long and seri- 
ous debate, and in sad contemplation of the greate 
miseries and certaine destruction, which were so nearly 
hovering over this whole countrey ; Wee the said com- 
missioners, have thought fitt and condescended, and 
granted, to signe and confirme vnder our hands, seales 
and by our oath, articles bearinge date with theise 
presents ; And do further declare that by the authori- 
se of the parliament and commonwealth of England, 
derived vnto us theire commissioners ; That, according 
to the articles in generall, wee have granted an act of 
Act of in- indempnitie and oblivion, to all the inhabitants of this 
demnity collonie, from all words, actions, or writings that have 
ion. been spoken, acted, or writt, against the parliament or 

commonwealth of England, or any other person, from 
the beginning of the world to this daye ; And this wee 
have done, that all the inhabitants of the collonie may 
live quietly and securely under the commonwealth of 
England: And wee do promise that the parliament 
and commonwealth of England shall confirme and make 
good all those transactions of ours. Witness our hands 
and seales this 12th day of March, 1651. 

Richard Bennett, seale. 
Wm. Claiborne, seale. 
Edm. Curtis, seale. 



Virginia Thus in a very short time after her spirited avowals 

no longer f loyalty to the crown, Virginia was brought under 

colony. allegiance to the Commonwealth : As is intimated in 

the recital of the foregoing proclamation of indemnity, 



THE UNITED STATES OF AMERICA. 145 

« : . — — — — 

UNDER THE COMMONWEATLH. PART I. 

it was a virtual subjugation of the colony by the force 
of superior discipline and appliances, arrayed against 
her feeble though resolute resistance. It was, how- 
ever, the last as well as the first direct interference of 
the Commonwealth with her colonial government. 
The commissioners appointed by parliament to reduce 
her to its subjection, soon mingled with the ruling 
spirits of the colony, and, with them and the burgesses, 
guided and regulated all its concerns. 

The first meeting of the general assembly, after the 
surrender, was held at James City on the thirtieth day 
of April, 1652. Thirty-six burgesses, representing 
eleven counties, were present, when, 

" After long and serious debate and advice taken for Provision- 
the settling and governing of Virginia, it was unani-Q^l™ 13, 
mously voted and concluded, by the commissioners ap- ment > 
pointed by authority of parliament, and by all the bur- 
gesses of the several counties and plantations respect- 
ively, until the further pleasure of the states be known : 
That Mr. Richard Bennett, Esq., be governour for this 
ensuing year, or until the next meeting of the assem- 
bly, with all the just powers and authorities that may 
belong to that place lawfully ; and likewise that Col. 
"William Clayborne be secretary of state, with all be- 
longing to that office, and is to be next in place to the 
governour ; next that the council of state be as fol- 
loweth, viz., Capt. John West, Coll. Sam. Matthews, 
Coll. Nathaniel Littleton, Coll. Argoll Yeardley ; Coll. 
Thos. Pettus ; Coll. Humph. Higgison ; Coll. George 
Ludlow ; Coll. Wm. Barnett ; Capt. Bridges Freeman ; 
Capt. Tho. Harwood ; Major Wm. Taylor ; Capt. Fran- 
cis Epps and Leiv'tt. Coll. John Cheeseman ; and they 
shall have power to execute and do, right and equal 
justice to all the people and inhabitants of this colony, 
according to such instructions as they have, or shall 
receive, from the parliament of England, and accord- 
ing to the known laws of England ; and the acts of 

assembly here established: And the said governour, 
10 



146 THE GOVERNMENTAL HISTORY OF 



Part I. Virginia, 



Provision- secretary, and council of state, are to have such power 
Govern™ and authorities, and to act from time to time, as by the 
ment, grand assembly shall be appointed and granted to 
Powers of their several places respectively for the time above said : 
the Gov., of w hi c h all the people which inhabit or be in this 
and State' country, are hereby required to take notice, and accord- 
Council. i n orjy conform themselves thereunto : God save the 

* 1 Hen- _ . 

mngsSiat- commonwealth of England and this country of Vir- 

utes, 371. gmia> "* 

County May 2d, 1652. It is resolved, That the Commis- 

Judges. s ioners of the several counties be chosen by the house, 
with this proviso, that if any just complaint be proved 
against any chosen, they shall be suspended the next 
session of assembly. 
Colonial May 5th, 1652. It is agreed, and thought best for 
Officers, t | ie g 0vernmen t of this country, by the governour, 
eligible, council and burgesses, that the right of election of all 
officers of this colony be and appertain to the bur- 
The people gesses, the representatives of the people; and it is 
of e power! e father agreed, for the present, by the burgesses, in 
remonstrance of the confidence that they have in the 
said commissioners, that the present election of all 
officers not already constituted, be referred to the said 
governour and commissioners, and that this their elec- 
tion be not precedential to any succeeding assembly. 
Gov. and ]\f a y Qfft^ 1652. Whether the governour and coun- 
members cil shall be members of this assembly or no ? generally 
Assembl Y °te& they shall be, taking the oath the burgesses take, 

viz. : 

Oath of "You, and every of you, shall swear upon the Holy 

etc! geSSeS ' Evangelists, and in the sight of God, to deliver your 

opinions faithfully and honestly, according to your 

best understanding and conscience, for the generall 

alliance S 00( * an( * prosperity of this country and every particular 

member thereof, and to do your utmost endeavor to 

prosecute that, without mingling with it any particular 

interest of any person or persons whatsoever. 

John Corker, CI. Dom. Com" 



THE UNITED STATES OF AMERICA. 147 

UNDER THE COMMONWEALTH. PART I. 

From this time there was a very perceptible departure 

from the former mode of administering the affairs of 

the colony, which continued during the suspension of 

the regal government in the parent state. The annual 

sessions of the assembly were dated in the year of the features 

commonwealth, instead of the year of the king. The under the 

, _ new organ- 

government established was declared to be, and was es- i za tion. 

sentially, merely provisionary. It was in as unsettled a 
state as the government of the mother country. The 
house of burgesses gradually concentrated in themselves 
all legislative, judicial, and executive functions, without sumed b ~ 
any due separation of, or constitutional limit to their the Bur - 
poAvers. They appointed the governor and council, 
and fixed their term of office ; they also virtually con- 
trolled the election of all the subordinate officers in 
the colony. And although these were appointed under 
a provisional enactment, that they should hold their 
offices for a specified period, or more generally "until 
the pleasure of the supreme power in England was 
known," there is no instance in the records of the 
colony, of any interference on the part of parliament *. 1, o . : F cn " 
or Cromwell, with the appointment of either.* Statutes. 

Indeed, during the existence of the commonwealth Condition 
administration in England, the colony of Virginia eminent^" 
seemed like a ship of state cut loose from her moor- 
ings, and floating on an uncertain sea, without an effi- 
cient commander, or a responsible pilot, or a harmo- 
nious crew, while none seemed to understand, or cared 
to know, the object of her adventure, or the port to 
which she was destined, and yet all were mainly solicit- 
ous to keep her from foundering. 

The second election for governor, secretary and Second 
council, under the commonwealth, took place in state Offi- 
March, 1655, when Edward Diggs was elected gov- cers > 1655 - 
ernor in the place of Richard Bennett ; and the former 
secretary and council were all re-elected by the grand 
assembly. A general act regulating the trade of the 
colony, and establishing ports and places for markets, 



148 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Under was q\ so passed at this session. The other acts of this 
visional session were of a more domestic nature, relating prin- 
G °iit rE f c ip a ^y to church matters and their relations with the 
1652. Indians. 

Third dec- The third election of state officers, under the com- 
ra^Assem- monwealtli, was held in March, 1658, when, after 
biy of referring to the establishment of the provisional gov- 
ernment, as vesting " the right of election of all officers 
The Bur- of this colony in the burgesses, the representatives of 
atone* elect *^ 6 people," it was formally declared by them, "that 
Governor Wee, the present burgesses of this grand assembly, 
cerg. have accordingly ordained the several persons under- 

written, to be the governour, council, and commission- 
ers of this country of Virginia until the next assembly, 
or until the further pleasure of the supreme power in 
*i.Hcn- England shall be known."* Samuel Matthews, Esq. 
mng ' ' was again named as governor, Wm. Claiborne as 
secretary of state, and twelve others members of the 
council. 

There is something significant in the phraseology 
used in designating the term of office of these state 
officers ; referring to the supreme power in England, 
instead of the commonwealth. Though subjected to 
the authority of the parliament, Virginia seems not to 
have forgotten her loyalty to the crown ; and expresses 
Reserved herself as it were, with a prophetic reference to its 
the a ciw°n. after supremacy. She seems, purposely, to have 
couched her enactments in terms which might meet 
any alternative of affairs in the revolutionary condition 
of the parent state ; though they may well enough 
refer to the parliament, or to the Lord protector 
Cromwell, or even to the crown. This cautious use 
of terms may be observed in the previous acts estab- 
lishing the provisional administration. It is also 
observable in all the after proceedings of the burgesses 
during the suspension of the regal power in England. 
Especially is it so where they have reference to the 
government or the authority of the mother country. 



THE UNITED STATES OF AMERICA. 149 

UNDER THE COMMONWEALTH. PART I. 

At a meeting of the grand assembly, commenced Under the 
March 1, 1658, "the burgesses of the several counties ^Govern- 
being returned by" the sheriffs, and this day making ment of 
their appearance in the house ; by the unanimous vote 
of all then present, (being thirty in number,) Coll. Emotion of 
Edward Hill was chosen speaker, and being by them by the 
presented to the governour, from him received appro- Bur s esses - 
bation." 

The proceedings of the grand assembly at this date Proceed- 
were more regular than any which had preceded, and Assembly 6 
as their preliminary orders illustrate the parliamentary 1658-9. 
forms observed at this early period, I insert them here, 
adopting as nearly as may be the language of the orig- 
inal record. The first order recites, that 

"Whereas Coll. Moore Ffantleroy, not being present Suspension 
in the house at the election of the speaker, moved J^ 1 mem " 
against him, as if clandestinely elected, and taxed the 
house of unwarrantable proceedings therein, It is 
ordered that the said Coll. Ffantleroy be suspended 
until to-morrow morning, when, upon his submission, * 1Hen . 
he may be admitted.* ning, 507. 

• March 8th, 1658. The House being met, Coll. He is re- 
Ffantleroy acknowledging his error, was re-admitted, adtmtted ' 
and the order for suspension raised. 

" Orders, for observation of good order in the house, Orders of 
being- this day read, are generally assented to, and^J^l 
ordered to be recorded, viz. : 1658-9! 

1. That no burgess shall absent himself from attend- Attend- 
ance on the house without leave first obtained (unless Uepo r t- Ud 
prevented by sickness) when any matter shall be ment of 
debated of; But that every member shall keep good mem &rS ' 
order, and give due attention to the reading or de- 
bating of whatsoever shall be proposed or presented 
for the consideration of the house: and that every 
burgesse shall, with due respect, address himself to 
Mr. Speaker in a decent manner, and not entertain 
any private discourse, while the public affairs are 
treated of. 



150 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Under the 2. That any member of this house, for any time of 
r^Govem- ^ s absence upon call of the clerk, shall forfeit twenty 
meat of pounds of tobacco, to be disposed of by the major part 
Absence °^ ^ s nouse > upon every Saturday in the afternoon, 

lawful impediments excepted. 
Intoxio 3. That the first time any member of this house 
shall, by the major part of the house, be adjudged to 
be disguised with overmuch drink, he shall forfeit one 
hundred pounds of tobacco ; and for the second time 
he shall be so disguised, he shall forfeit 300 of tobacco ; 
and for the third offence 1000 lb. tobacco. 
Deport- 4. That upon debate of anything proposed by the 

ing D (iebate. Speaker, the party that speaketh shall rise from his 
seat and be uncovered during the time he speaketh, 
wherein no interruption shall be made until he have 
finished his discourse, upon penalty of one hundred 
pounds of tobacco. 
Personah- /-_ That no irreverent or indigne forme of speech be 

ties pro- ° r 

hibited. uttered in the house by any person against another 
member of this house, upon the penalty of five hun- 
dred pounds of tobacco ; the house to be judge there- 
in ; and the several fines to be disposed of by the house 
as aforesaid." 
Message to At this stage of the proceedings a messenger was 
emorT" sen ^ to the governor requesting him to appoint some of 
the council to administer the oath to the burgesses, 
" whereupon were sent, Coll. William Claiborne ; Coll. 
William Bernard ; and Coll. Thomas Dewe ; who ad- 
ministered the oath to the burgesses in form following. 
Burgesses' Oath. You and every of you shall swear, upon the 
Oath. Holy Evangelist and in the sight of God, to deliver 
your opinions faithfully, justly and honestly, according 
to your best understanding and conscience, for the 
general good and prosperity of this country, and every 
particular member thereof, and to do your utmost en- 
deavor to prosecute that, without mingling with it any 
particular interest of any person, or persons, whatso- 
ever — so help you God and the contents of this Book. 



THE UNITED STATES OF AMERICA. 151 

CNDKK TUE COMMONWEALTH. PART I. 

By the first act of this session it was declared by the Assembly 
governor, council and burgesses, " that the honorable ° 
Coll. Samuel Matthews, Esq., bee the governour and 
capt. general of Virginia for two years ensuing, and 
then the grand assembly to elect a governor as they Future 
shall think fit, the person elected being then one of the governor^ 
councel. 

"And it is further enacted, that the present councel Council of 
shall be the councel of state, the assembly reserving to 
themselves a just exception against any one particular 
councellor ; but for the future the councellors to be Term of 
fixt during life except in case of high misdemeanors, ° ce " 
and of this the grand assembly to be the' only judge. 

"And it is moreover ordained by the authority afore-Kovr elect- 
said, that the governour shall have privilege to nominate e ' 
the future councellors ; and the burgesses according to 
their discretion to elect, and this act to be of force Provision- 
until his highness' pleasure be further signified." t i 0n# 

The second act of this session provides for a calling 
of the assembly by the governor, by a summons issued 
in January preceding March ; and if the governor omits 
to do so till the tenth of February, that then the secre- j[ eetmo . f 
tary of state should send out writs for the election of the as- 
burgesses, and in case the secretary should neglect it, Sem y " 
then the sheriff should by his own power convene the 
people by the twentieth of February, to elect burgesses 
for the next assembly; to convene on the tenth of 
March every two years, unless the governour shall 
see fit to summon them sooner, on any important oc- 
casion.* *. L He °: 

The action of the assembly vesting the colonial gov- 
ernment for the next two years in the governor and Powersof 
council, and giving the governor power to call the bur- ernof °and 
gesses together as he might think occasion required, °JJJgJ ai 
originated a controversy between them of exceeding cd by the 
interest and importance as it related to the powers of bur s esses * 
the former and the latter. The governor and council 
assumed that the power to convene involved also the 



152 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Under the power to dissolve the assembly ; accordingly on the 
govern- first of April, they withdrew from the house and startled 
m , ent of the burgesses with the following communication, which 

was read to them by the speaker. 
The gov- " The governor and council, for many important 
councfidis- causes, do think fit hereby to declare, that they do now 
solve the dissolve this present assembly, and that the speaker ac- 
1658? cordingly do dismiss the burgesses. 

Samuel Matthews, 
W. Claiborne. 
Thomas Pettus, 
Obedience Robins, Henry Perry, 

John Walker, Nathaniel Bacon, 

Geo. Reade, Francis Willis. 

William Bernard, 



Answer of " Answer of the burgesses to the declaration of the 

gesses. r * honorable govemour and councel. 

The house hereby presenteth, that the said dissolu- 
tion, as the case now standeth, is not presidentall, nei- 
ther legal according to the laws now in force, therefore 
we humbly desire a revocation of the said declaration, 
especially seeing we doubt not but speedily to finish 
the present affaires to the satisfaction of your honor, 
and the whole country. 

John Smith, Speaker" 

Resolution " Upon which transactions ****** -j- being but 
ofthebur ' three monthes absent— it was ***** voted unani- 
tMS-wommously, that no burgess ***** and if any shall 



out. 



Hen " depart, that he shall be censured as a person betraying 
the trust reposed in him by his country ; and the re- 
maining to act in all things, and to all intents and pur- 
poses as a whole and entire house ; and further, that 
Mr Speaker sign nothing without the consent of the 
major part of the house. 

" Voted further, that an oath of secrecy be" adminis- 
tered to the burgesses, as followeth ; viz : 



THE UNITED STATES OP AMERICA. 153 

UNDER THE COMMONWEALTH. PART I. 

You shall swear that as a burgess of this house Assembly 

..,.,, • -,. +1 , of 1658-9. 

you shall not, either directly or indirectly repeat, nor 
discover the present or future transactions, debates, Oath of 
or discourses, that are now, or hereafter shall be, se 
transacted or debated on in the house, to any per- 
son or persons whatsoever, except to a burgesse of this 
assembly now present, during the time of this present 
session. So help you God and the contents of this 

Booke. 

"Reply of the honorable the govemour and councel. The gov- 
Upon your assurance of a speedy issue to conclude counc ji m 
the acts so near brought to a confirmation in this assem- ^P 1 ?* 
bly, we are willing to come to a speedy conclusion, and 
to refer the dispute of the power of dissolving, and the 
legality thereof, to his highnesse, the Lord Protector ; 
Subscribed, Samuell Matthewes, 
Wm. Claiborne, Sec. 
la. Cittie, April 2d, 1658. 



"Answer of the burgesses. 

The house is unanimously of an opinion that the The bur- 
answer returned is unsatisfactory, and desire, with as ^wcr," 1 
much earnestness as the honorable governour and coun- 
cel have expressed, a speedy dispatch, and propose, 
that the governour and councel please to declare 

The house remains undismissed, that a speedy period 
may be put to the publique affaires. 

John Smith, Speaker. 

James Citty, Ap : the 2d 1658." 



" The reply of the governour and councel. 
Upon your promise received of the speedy and happy Further re- 
conclusion, we revoke the declaration for the dissolu- j^^e 
tion of the assembly, and refer the dispute of the power ^ coun- 
of dissolving and the legality thereof to his highnesse c 
the Lord Protector. 

Subscribed Samuell Matthewes, 
Wm, Claiborne, Sec. 



154 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Under the " The house, unsatisfied with these answers, appoint-, 
ai Govern- e ^ a committee to draw up a report for manifestation 
me ° l of and vindication of the assembly's power, which after 
The As- presentation to the house to be sent to the governour 
1658-9.° anc * councei1 - These underwritten being appointed the 

committee : 
Committee " Coll. John Carter ; Mr. Warham Horsmenden ; Coll. 

of Rf*fV*r™ 

ence. John Sidney; Leu't. Coll. Thomas Swann ; Major Rich- 
ard Webster ; Mr. Jerrom Ham ; Capt. Wm. Michell. 
Powers of " The same committee is by the House impowered to 
mittee. draw up all such propositions as any way tend to or 
concerno the settling the present affairs of the countrey 
and government. 



Report of the Committee nominated for vindication and 

manifestation of the assembly' 's power. 

Report of "Wee have considered the present constitution of the 

mittee. m " government of Virginia and doe propose, That wee 

find by the records, the present power of government 

to reside in such persons as shall be impowered by the 

burgesses, the representatives of the people, who are 

not dissolvable by any power extant in Virginia but the 

house of burgesses." 

"They humbly think fitt that the house do propose, 
Samuel Matthews, Esqr., to remain governour and 
Capt. gen'll of Virginia, with the full powers of that 
trust, And that a councell be nominated, appointed and 
confirmed by the present burgesses convened, with the 
assistance of the governour for his advice. 

"Upon which report was drawn up this declaration: 
Declare- "The burgesses, taking into consideration the many 
tion on the j e ^ g an( j obstructions in the affaires of this assembly, 
and conceiveing that some persons of the present coun- 
cell endeavor by setting up their own power to destroy 
the apparent power resident only in the burgesses, rep- 
They claim resentatives of the people, as is manifest by the records 
for them- f the assembly; 

sclvos lull 

power. " Wee, the said burgesses, do declare, That we have 



THE UNITED STATES OP AMERICA. 155 

UNDER TIIE COMMONWEALTH. PART I. 

in ourselves the full power of the election and appoint- Under the 
me nt of all officers in this countrey, until such time ^aHS^nil 
we shall have order to the contrary from the supreme ment of 
power in England, all which is evident upon the assem- The As- 
bly records ; semhl J of 

J ' 1658-9. 

"And for the better manifestation thereof, and the 
present dispatch of the affaires of this countrey we 
declare as followeth: 

"That wee are not dissolvable by any power yet 
extant in Virginia but our owne ; That all former elec- 
tions of governour and councell be void and null; 
That the power of governour, for the future, shall be 
conferred on Coll. Samuel Matthewes Esq, who by us New elec- 
shall be vested with all the just rights and priviledges o 0n of 
belonging to the governour and Capt. generall of Vir-&c. 
ginia, and that a councel shall be nominated, appointed 
and confirmed, by the present burgesses convened 
(with the advice of the governour, for his assistance) 
And that for the future none be admitted a councellor, 
but such who shall be nominated, appointed and con- 
firmed by the house of burgesses as aforesaid, until 
further order from the supreme power in England. 

John Smith, Speaker." 

" By the Grand Assembly. These are in the name of Order to 
his highness the Lord Protector to will and require the Shenffi 
you not to act, or execute any warrant, precept or com- 
mand, directed to you from any other power or person 
than the speaker of this hon'ble house, whose com- 
mands you are hereby required to obey and not to 
decline therefrom until further order from us the bur- 
gesses of this present grand assembly, hereof faile not 
as you will answer the contrary at your perill — Given, 
2d April, '58. 

John Smith, Speaker. 
Directed to Capt. Robert Ellison, high sheriff 
of James Citty County, and sergeant-at-arms 
for this present grand assembly." 



156 THE GOVERNMENTAL HISTORY OP 

PAKT I. VIRGINIA, 

Under the " It is ordered, that whereas the supreme power of 
alGovem- * n ^ s countrey of Virginia is by this grand assembly 
ment of declared to be resident in the burgesses, the represent- 
The"As- atives of the people, That in reference and obedience 
sembly of thereto, Coll. William Claiborne late secretaire of state 

1658-y. ' 

Public Re- forthwith surrender and deliver the records of the coun- 
cords to be t re y j n ^ i\ 1G uan ds of the speaker of this present grand 
to the assembly. 
Speaker. "Coll. Claiborne being sent for by the sergeant-at- 

armes, there was drawn up the next ensuing order. 
Committee " Whereas it hath been ordered by this present grand 
appointed assembly, that Coll. William Claiborne late secretaire 

to receive J ' 

them. of state should deliver, upon oath, all the records con- 
cerning this countrey of Virginia, or any particular 
member thereof unto this present grand assembly, 
These are to impower and authorize Coll. John Carter 
and Mr. Warham Horsmenden to receive the same in 
the name and behalf of the aforesaid grand assembly ; 
and for such records as they shall receive to give the 
said Coll. Claiborne a full receipt and discharge. 
Report by "April the 3d, 1658. The committee appointed for 
the com- manifestation of the countreys power did this day by 
order of the house present to the governour the forme 
of the oath to be taken by him and the councell, which 
by him was approved, and a list of those he desired to 
be of his councell presented by him to the house. 
Oath of the "The oath. I doe sweare that, as governour and 
Governor Capt. gen'll of Virginia, I will from time to time to the 

and Coun- , „ , , . n . , , . 

cil. best of my understanding and conscience deliver my 

opinion in all cases for the good and welfare of this 
plantation of Virginia ; And I do also swear that as a 
minister of justice in Virginia, I will, to the best of 
my judgment and conscience, do equall right and jus- 
tice unto all persons in all causes when I shall bee there- 
unto called, according to the knowne laws of England 
or acts of assembly, which are or shall be in force for 
the time being, without favor, affection, partiality or 
malice or any by respect whatsoever, neither will I, 



THE UNITED STATES OF AMERICA. 157 

UNDER THE COMMONWEALTH. PART I. 



directly or indirectly give councell or advice in any Under the 
cause depending before me, So help me God: al Govern* 

ment of 

Thus the colony of Virginia, by a system of admin- TheAs- 
istration peculiar in its origin and character, by anjg™^ * 
experience singularly unlike that of the New-England 
colonies, and seemingly uninfluenced by the religious 
agitations which were convulsing the mother country, 
adopted as the basis of its government the fundamental 
maxim of political freedom embraced in the Protestant- 
ism of the Puritans, that the people are the source of Protestant 
all power in the state. In this heated and exciting ^f "^con- 
controversy with the governor and council, the house troversy. 
of burgesses affirm distinctly, and again and again 
reiterate their claim to supreme power because they 
were the representatives of the people: And after the 
controversy is closed they declare the same thing by 
express enactments, wherein and whereby they insist, 
that all power centered in and emanated only from 
themselves as representing the people. They insist that 
no governor could or should rule over them, that no 
state council could or should be established among 
them, who would not admit that they derived their 
powers from the house of burgesses; and it would 
seem also that it was with the burgesses to reject or 
recognize the ruling power of the mother country. It 
was but " precedental " to a still greater assumption of 
power, and important in all their after history. 

Oliver Cromwell died on the third day of Septem- Death of 
ber, when his son Richard succeeded to the protecto- 01lver * nd 

7 L succession 

rate. This event was communicated to the governor of Richard 
and council of Virginia, by a letter dated on the sev- septl^s. 
enth of the same month, and was by them communica- 
ted to the house of burgesses. The letter and the 
action of the burgesses upon it, form too important an 
item in the governmental history of Virginia to be 
omitted. 



158 



THE GOVERNMENTAL HISTORY OF 



Part I. 



VIRGINIA, 



Death of 
Cromwell 
communi- 
cated to 
Virginia, 
1658-9. 
Letter 
from the 



" Letter from the President of the State Council of the late 
Protector, Oliver Cromwell, to the Governor and 
Council of Virginia. 

"Gentlemen, his late highness, the Lord Protector, 
from that general respect which he had to the good and 
State Coun- safety of all the people of his dominions, whether in 
Cll# these nations or in the English plantations abroad, did 

extend his care to his colony in Virginia : The present 
condition and affairs whereof appearing under some 
unsettledness through the looseness of the government, 
the supplying of that defect hath been taken into seri- 
ous consideration, and some resolutions past in order 
thereunto which we suppose would have been brought 
into act by this time if the Lord had continued life and 

„ health to his highness; but it hath pleased the Lord 
Decease of . ° *■ . 

Cromwell, on Friday, the third of this month, to take him out ot 

the world; his said highness having, in his lifetime, 
according to the humble petition and advice, appointed 
and declared the most noble and illustrious lord, the 
Lord Richard, eldest son to his late highness, to be his 
successor; who hath been accordingly, with general 
consent, and applause of all, proclaimed Protector of 
this Commonwealth of England, Scotland and Ireland, 
and the dominions and territories thereunto belonging; 
and therefore we have thought fit to signify the same 
unto you, whom we require according to your duty, 
that you cause his said highness Richard, Lord Protect- 
or, forthwith to be proclaimed in all parts of your 
colony. 

" And his highness' councel have thought fit hereby 
to assure you that the settlement of that colony is not 
neglected, and to let you know that you may expect 
shortly to receive a more express testimony of his high- 
ness' care in that behalf; till the further perfecting 
No present whereof their lordships do will and require you, the 
present governor and councell there, to apply your- 
selves with all seriousness, faithfulness and circumspec- 
tion, to the peaceble and orderly management of the 



Assur- 
ances of 
good will 



interfer- 
ence. 



THE UNITED STATES OF AMERICA. 159 

UNDER THE COMMONWEALTH. PART I. 

affairs of that colony, according to such good laws andThesuc- 
customs (not repugnant to the Laws of England) as Ri g ha " d 
have been heretofore used and exercised among you, Cromwell, 

/• • . . , 1659. 

improving your best endeavors, as lor maintaining the 
civil peace, so for promoting the interest of religion, 
wherein you will receive from him all just countenance 
and encouragement : 

"And if any person shall presume by any undue Further 
ways to interrupt the quiet or hazard the safety of his 
highness' people there, order will be taken (upon the 
representation of such proceedings) to make further 
provision for securing of your peace in such a way as 
shall be found meet and necessary, and for calling those 
to a strict account, who shall endeavor to disturb it. 

Signed in the name and by order'of the council 

He: Laweence, Presid't. 

Whitehall, 7th September, 1658. 



" March 8, 1659. The letter being read it was pro- Proceed- 
posed, whether the house should have time to debate burgesses. 6 
on their acceptance and approbation of it : Whereupon 
it was resolved they should have time to consider of it: 
In reference to which the governour and councel depart- 
ed, and there was proposed, 1. Whether the letter in 
that part that requires obedience to his highness, Rich- Richard 
ard, lord protector, should be assented, to. Resolved, acknowi- 
generally and unanimously in the affirmative. edged. 

2. Whether the letter sent be accepted as an authen- 
tic manifestation of their lordship's intentions for the 
government of this countrey. Voted, That we owne 
the power and the whole contents thereof." After 
which the house adjourned till Wednesday morning: 

" Wednesday, March ninth, 1659. The house being 
met, the speaker declared the intention of the gov- 
ernour and councel, in tender care of the good of this 
countrey, to assist the assembly in making addresses to 
his highness for confirmation of the privilige granted 
to the countrey in electing their own officers ; in which 



160 THE GOVEENMENTAL HISTORY OF 

Part I. Virginia, 

The sue- the house desired to be satisfied from the governour's 
Richard own expressions. In reference to which Mr. Bacon, 
Cromwell, Mr. Horsmenden, Lt. Coll. Carter and Capt. Fowke, 
were sent to desire his honor to come to the house and 
affirm it, which accordingly he did as followeth, viz: 
The Gov- He acknowledged the supreme power of electing offi- 
ernoiyac- cerg ^ ^ Q ^y j.] ie p resen t laws resident in the grand 
edges the assembly ; and that he would join his best assistance 
poweTof with the country in making an address to his highness 
the bur- f or confirmation of their present priviliges ; And that 
for this reason, that what was their privilige now might 
nin^n ^ e ms or their posterities forever."* 
The resig- Richard Cromwell resigned the protectorate on the 
?he i0 rotec- twenty-second day of April, 1659. By this act of his 
torate by the supreme powef in England seems to have been 
Cromwell thrown into abeyance, suspended between various fac- 
1659. tions, but depending mainly on the will and the action 
of general Monck, who observed a rigid taciturnity as 
to his intentions and kept the whole nation in wild un- 
certainty as to what kind of a government would next 
ensue. How, precisely, this condition of things in the 
mother country influenced the action of the people in 
Virginia, the strange and conflicting narratives of both 
English and American authors renders it impossible to 
say. The difficulty of removing the uncertainty which 
they have thrown around this portion of her govern- 
mental history would be insuperable were it not for the 
preservation of her early colonial records by the faith- 
ful and laborious compilation of one of her patriotic 
f William sons,| from which I have already so freely quoted. 
Waller p rom these we have seen that the powers of the grand 

Hennings , . . 

Statutes at assembly of the colony, which body was originally 
Large ' composed of the governor and council and the bur- 
gesses, were at length centered in the latter, and it be- 
came the supreme source of all power in the government 
of Virginia. By these their representatives the people 
controlled its legislative action, made themselves heard 
in its deliberations, their influence felt and their will 



THE UNITED STATES OF AMERICA. 161 

UPON THE RESIGNATION OF RICHARD CROMWELL. PART I. 

obeyed. The grand assembly met again on the first Action of 
of March, 1660, at James City, when the burgesses Assembly 
again declared the whole power of the government to after the 

... ill • resignation 

be in their own hands by enacting that, of Richard 

" I. Whereas, by reason of the late frequent distrac- M r ° r m ^ e111 
tions (which God in his mercy put a sudden end to) 1660. 
there being in England, no resident absolute and gen- Su P reme 

00 ° power de- 

erall confessed power, Be it enacted and confirmed, that dared to 
the supreme power of the government of this country AtsTmbiy. 
shall be resident in the assembly; and that all writs 
issue in the name of The Grand Assembly of Virginia, Writg t 
until such a command and commission come out of issue in its 
England as shall.be by the assembly adjudged lawful. 

"II. Be it enacted, that the honourable Sir William 
Berkeley, be governour and captain generall of Virginia ; Berkeley m 
and that he govern according to the ancient laws of appointed 
England and the established laws of this country. And i6oo. ' 
that all writs issue in the name of the grand assembly 
of Virginia ; that once in two years at least he call a His pow- 
grand assembly, or oftener if he see cause ; that he ers > &c * 
have liberty to make choice of a secretary and councel 
of state, with the approbation of the assembly; and 
that he do not dissolve this assembly without consent 
of the major part of the house. 

" III. Be it further enacted, that all precedent laws, and Repealing 
clauses in laws, contrary to the laws, power, and form Act * 
of government now established, be reversed, repealed, 
made void and null. 

On being notified of his election Sir William Berkely 
asked leave of the assembly to advise with the late 
council soliciting their concurrence in his acceptance 
of the office, whereupon, it was — " Ordered, that he have 
free liberty of treating with them, and that his letter, 
and their subscription approving his election, be record- 
ed." He then sent in his acceptance of the office, when sir William 
it was further — " Ordered that the declaration of Sir Ber k ele y 

tit-it -r» i i i • i 1 t accepts the 

William Berkeley, kmght, to be governor and capt. office of 
generall of Virginia, and to enjoy the obedience of the Governor ' 
11 



162 THE GOVERNMENTAL HISTORY OF 

Part i. Virginia, 

Action of people, be forthwith proclaimed by the high sheriff of 
bly 1660? J ames Citty county, and the declaration to be recorded." 
The following act was then passed for the more perfect 
security of the present government. 

" XI. "Whereas it was enacted by the last assembly ; 
That Coll. Samuel Mathews should be governour for two 
years, and the councel of state fixt during life, It is 
thought Jitt, and enacted, that in regard to the then gov- 
ernour and councel dissolved the said assembly and ex- 
pressly declined the said act, that the said act be repealed 
# H and the privilidge and power of the secretary and coun- 
ning, 530. cil of state annihilated, made null and void." * 
Non-at- An act was also passed providing that in case any 

oTbur" 06 member of the house of burgesses failed to make his 
gesses. appearance in the house during its session, without a 
reasonable excuse to be judged of by the house, he 
should be subjected by a fine of three hundred pounds 
of tobacco, to be disposed of by the assembly. 
Assembly The assembly was subsequently adjourned, without 
to J March? being dissolved, till March, 1661, previous to which 
1661 - adjournment it was enacted, that in the interval, none 
noTto ac- of the then present burgesses should accept any office 
cept office, -^hich WO uld disqualify him for membership, under a 
" penalty of ten thousand pounds of tobacco for the 
contempt." 

Restora- Charles II. was restored to the throne, as the lawful 

Charles II. sovereign of the kingdom of Great Britain, on the 

May 29, twenty-ninth day of May, 1660 ; and notwithstanding 

the foregoing prorogation of the assembly, it met again 

on the twenty-third day of October of the same 

Grand As- year. 

S. b i66°o! This must have been a special session, but for what 
particular purpose it was convened, and whether by 
proclamation of the governor or by a special summons, 
we have no reliable means of ascertaining. It would 
naturally seem to have had reference to the restoration 
of Charles II., and yet I find among the records no 



THE UNITED STATES OP AMERICA. 163 

UPON THE RESTORATION OF CHARLES II. PART I. 



more special reference to that event than that Sir Wil- Assembly 

■~ , , . i -.,,-. • , i i» of October 

liam Berkeley is styled " his majesty's governour." 1660 . 

It appears, from the acts* of this session, that an Royal style 
effort was now being made by the late London com- ° rn0 r ^? v * 
pany, to procure the restoration of their charter. To stored - 
counteract this the assembly enacted that — " Whereas rev i e ™ P the° 
the necessity of the countrey being in danger of the London 
oppression (of the latef) company and the loss of our| Notin 
liberties, for want of such an agent in England as is t^e Ms. 

, Henning. 

able to oppose the invaders of our freedoms and truly 
to represent our condition to his sacred majesty, en- Colonial 
forceth the employing a person of quality to present °PP 0Sltl0n 
our grievances to his majesty's gracious consideration 
and endeavour the redress, which the right honourable 
Sir William Berkeley, his majesty's governour, hath 
been pleased to undertake. Be it therefore enacted, 
that there be raised by the countrey, the sum of two 
hundred thousand pounds of tobacco and cask, for his, 
Sir William Berkeley's support in his voyage ; and that 
payment be made thereof by the twentieth of January 
in York River and James River, to such persons as his 
honor shall appoint; and that the secretary of state 
and speaker of the assembly sign a manifesto to the 
governour of the country's engagement for payment 
thereof." 

The assembly met again in March, 1661. The acts of Assembly 
this session were prefaced as being passed "At a grand ° 661 arc ' 
assembly, summoned to be held at James Citty, the Sty i e f i ts 
twenty-third day of March, in the twelfth year of the session. 
reign of our sovereign lord, Charles, the second ; by 
the grace of God, of England, Scotland, France and 

*Note. Henning places these acts in the session of March 23d, 1660-61, 
though he says the MS. record dates them at 1660, simply. It is impossible 
that it could have been the session of March, 1660, for that was before 
the restoration of the monarchy. I think the MS. is sustained by refer- 
ring the date to the October session of 1660. Then, too, the date 1660-61, 
may include it as a part of the session of March, 1660, which was ad- 
journed to March, 1661. 



164 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Assembly Ireland, king, defender of the faith, &c, and in the 

of jtfurcn 

1661. ' year of our Lord, 1660 — And from thence continued 
Its pro- by prorogation to the twenty-third day of March, 
*2 Hen- 1661."* This, with the preamble to the laws enacted 
ning, 17 at this session, being historical in their character and 
references, form the best illustration that can be given 
of the position and relations of the colony with the 
government of the mother-country at this time. The 
preamble recites, 
The dis- " Whereas, the late unhappy distractions caused fre- 
tractions q uen t changes in the government of this countrey, and 
common- those produced so many alterations in the laws that the 
wea l ' people knew not well what to obey, nor the judges what 
to punish, by which means injustice was hardly to be 
avoided, and the just freedom of the people by the 
uncertainty and harshness of the laws hardly to be pre- 
served — This assembly taking the same into their seri- 
rious consideration, and gravely weighing the obliga- 
tions they are under to discharge to God, the king and 
the countrey, have by settling the laws, diligently en- 
deavored to prevent the like inconveniences ; by causing 
the whole body of the laws to be reviewed, all unneces- 
sary acts and chiefly such as might keep in memory 

our inforced deviation from his maiestv's obedience, 
Revision . 

of Colonial to be repealed and expunged; and those that are in 

Laws, &c. f orce ^ k e brought into one volume ; And least any 

prejudice might arise, by the ignorance of the times 

from whence those acts were in force, they have added 

the dates of every act, to .the end that courts might 

rightly administer justice, and give sentence according 

to law, for any thing happening at any time since any 

law was in force ; and have also endeavored in all 

things (as near as the capacity and constitution of this 

countrey would admit) to adhere to those excellent and 

often refined laws of England, to which we profess and 

Intention acknowledge all due obedience and reverence." 

of the re- " And that the laws made by us are intended by us 

but as brief memorials of that which the capacity of 



THE UNITED STATES OP AMERICA. 165 

UPON THE RESTORATION OF CHARLES II. PART I. 

our courts is utterly unable to collect out of its vast Action of 
volumes, though some times perhaps for the difference t^ leeT" 
of our and their condition varying in small things, but 
far from the presumption of contradicting any thing 
therein contained: And, because it is impossible to 
honour the king as we should unless we serve and fear 
God as we ought, and that they might show their equal 
care of church and state, they have set down certain Union of 
rules to be observed in the government of the church, g t h a ^ chand 
until God shall please to turn his majesty's pious 
thoughts towards us, and provide a better supply of 
ministers amongst us. 

"Be it therefore enacted by the governour, councel and Style of the 
burgesses of this grand assembly, that all the following ai 
laws continued or made by this assembly shall here- 
after be reputed the laws of this country, by which all 
courts of judicature are to proceed in giving of sen- 
tence, and to which all persons are strictly required to 
yield all due obedience ; and that all other acts not in ah others 
this collection mentioned be to all intents and purposes re P eal ed. 
utterly abrogated and repealed, unless suit for any 
thing done be commenced when a law now repealed 
was in force, in which case the producing that law shall 
excuse any person for doing any thing according to the ning, Ti* 
tenour thereof."* 

Without any of those open demonstrations of loyalty 
erroneously attributed to her by different historians, it 
is evident nevertheless that the colony of Virginia 
easily and readily passed into a position of allegiance 
to' the regal power now again established over the 
parent nation, and became again, in all her sympathies, 
her aims, her enactments, and her appliances of gov- 
ernment and administration, a royal colony — The pro- 
ceedings of her general assembly evince the alacrity 
with which she flew to the embraces of monarchy, with 
all the eagerness of a long wandering child coming 
back to its dependence on the tender care and endear- 
ing protection of a venerated parent : She volunteers 



166 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

The gov- to give to her chief executive officer a style which 

ernment . r 

surrenders imports that he holds his place in subjection to the 
to royalty* crown : She dates the sessions of her assembly in the 
Royal style year of the king instead of the year of the common- 
of the gov- wea ]th reckoning his reign as if no such usurpation 

ernor re- ' ° ° r 

vived. had ever existed : She refers to the years of its exist- 
ence as years of painful uncertainty and suffering, 
wherein she was forced to deviate from the path of 
duty and learned the bitter experience of an infant 
orphanage. An experience, by the way, which for her 
and for those who were thereafter to inherit and enjoy 
the government and institutions of which she was thus 
laying the foundation, fruitful of important events and 
oracular developments. 
Other But she still further hallows her loyalty in the re- 

loyalty, vised code of laws established at this session of her 
assembly. She deprecates her "late surrender and 
submission to the execrable power that so bloodily 
massacred the late king Charles the first, of ever 
blessed and glorious memory," as making her a guilty 
participant in its crimes, and " to show her serious and 
hearty repentance and detestation of that barbarous 
act," she enacts " that the thirtieth day of January, 
the day the said king was beheaded, be annually sol- 
emnized with fasting and prayers, that our sorrows 
may expiate our crimes, and our tears wash away our 
guilt." 
Allegiance She further consecrates her allegiance by acts of 
to Charles gratu i at i on to Charles II., and expresses her "thank- 
fulness and joy" at his restoration, by enacting "that 
the twenty-ninth day of May, the day of his majesty's 
birth and happy restitution, be annually celebrated as 
* 2 Hen- an holy day ; "* while she provides that the oaths of 
supremacy and allegiance should thereafter be admin- 
istered to all her higher officers, to her inferior magis- 
trates, and to her ministers of religion. 

From this period onward, the whole fabric of govern- 
ment and administration in the colony, whether execu- 



ning, 49. 



THE UNITED STATES OF AMERICA. 167 

DURING THE REIGN OF CHARLES II. PART I. 

tive, legislative, or judicial; whether in its civil or Her char- 
ecclesiastical polity, was but a miniature exhibition of ^j^, 
the constitutional forms of the mother country. The and policy 
provisions besides those I have already alluded to, m en t° vern * 
which developed her characteristic qualities in con- 
trast, if I may so say, with those of New England, had 
reference more particularly to her religious establish- 
ment. Her clergy were required to receive ordination Her clergy, 
at the hands of an English bishop, and none but those 
thus consecrated to the sacred office were permitted to 
exercise its functions in the colony. She provided by 
law for the establishment of parishes, the erection of 
churches, and the ordination, induction, support, and 
suspension of ministers. She visited with fines and 
banishment all those of any other order, origin, or church or- 
denomination, who attempted to preach within her dinances - 
precincts without permission. She enforced the hal- 
lowing of the sabbath and the observance of holy- 
days ; she regulated by statutory provisions the preach- 
ing of the gospel, and prescribed and limited the times 
for administering and receiving the holy eucharist 
and the rite of baptism. She also enacted that " It is Religious 
thought fitt that upon every Sunday the mynister shall, teachin S« 
halfe an houre or more before evenenge prayer, exam- 
ine, catechize, and instruct the youth and ignorant 
persons of his parish, in the ten commandments, the 
articles of the beliefe, and in the Lord's prayer : and 
shall diligentlie heere, instruct, and teach the cate- 
chisme sett forthe in the booke of common prayer: 
And all fathers, mothers, maysters and misstrisses shall Duties of 
cause their children, servants, or apprentizes, which and^mas- 
have not learned the catechisme, to come to the church ters in ref- 

CT6D.C6 to 

at the tyme appointed, obedientlie to heare, and to be 
ordered by the mynister untill they have learned the 
same. And yf any of the sayd ffathers, mothers, 
maysters and misstrisses, children, servants, or appren- 
tizes, shall neglect theire duties, as the one sorte in not 
causing them to come, and the other in refusinge to 



168 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Her char- learne as aforesayd, they shall be censured by the corts 
actinstic jjj those places holden." These duties were also 

qualities * 

and policy enforced by pecuniary penalties inflicted upon both 
ment! Vern " ministers, parents, and masters, in case of neglect or 
omission "without sufficient cause be shown to the 
contrarie." The governor and all the councill and bur- 
gesses of the assembly were ordered, upon the penalty 
of one shilling for neglect, " to be present at divine 
*Hen- service in the morning."* In a word, the established 
Statutes church of England, with its canons and its ordinances, 
at large, its doctrines and its discipline and forms of worship, 
its fast and festival observances, was the established 
church of the colony of Virginia. Non-conformists 
were obliged to quit the country. Marriages were 
required to be celebrated by a regularly ordained 
priest in the parish church, upon publication of the 
bans and according to the ceremonial prescribed in the 
book of common prayer. Those otherwise celebrated 
were declared null and void, the issue of them pro- 
nounced illegitimate, and the parties punished as 
guilty of fornication. The clergy were provided for 
by glebes and tithes, non-residence was prohibited, and 
a personal, strict, and regular performance of all paro- 
chial duties was insisted upon. The laws also which 
regulated the descent and distribution of estates were 
conformable with the same in England. 
Population The peaceful and prosperous rule of Sir William 
d?don°at Berkeley continued, with occasional absences in Eng- 
theresto- land, down to the year 1677, making in the whole 

1*9 tii on 

thirty-six years from the time of his first appointment 
in 1641. In the mean while the population of the 
colony had increased with a singular rapidity, and at 
the time of the restoration it numbered more than 
thirty thousand inhabitants. The restrictions to which 
they were afterwards subject by the parent government 
were but few, and were not regarded with hostility, 
being principally of a nature to secure their relations 
and allegiance to, and to regulate their trade with, the 



THE UNITED STATES OF AMERICA. 169 

DURING THE REIGN OF CHARLES II. PART I. 

northern colonies and the mother country. Industry 
and frugality were successful in all the occupations of 
life, while her commercial relations were so defined as 
to encourage trade, to promote naval enterprise, to 
give security and the prospect of an improving revenue 
to the mercantile interests, and to encourage the me- 
chanic arts. 

In the year 1670, a series of enquiries were pro- Govt 
pounded to Sir William Berkeley, -by The Lords com- glporS 
missioners of foreign plantations, which were returned 1671. 
to England, with the answers of the governor appended 
to each interrogatory, in the following year. This 
document, emanating from a man so capable, from 
his long residence in and familiarity with all the 
affairs of the colony, to give the desired information, 
and illustrating, as it does, the condition of the colony 
at its date, becomes peculiarly valuable as a portion of 
her governmental history. I give the questions with 
the answers. 



"Enquiries of the Governor of Virginia, 
propounded in 1670. 

1. What councils, assemblies, and courts of judi- Councils, 
cature, are within your government, and of what andCourts! 
nature and kind ? Answer. There is a governour and 
sixteen counsellors, who have from his sacred majesty, 

a commission of oyer and terminer, who judge and 
determine all causes that are above fifteen pounds 
sterling ; for what is under, there are particular courts 
in every county, which are twenty in number. Every 
year, at least, the assembly is called, before whom lye 
appeals, and this assembly is composed of two bur- 
gesses out of every county. These lay the necessary 
taxes, as the necessity of the war with the Indians, or 
their exigencies, require. 

2. What courts of judicature are within your gov- Admiralty, 
ernment, relating to the admiralty? Answer. In 
twenty-eight years there has never been one prize 



170 THE GOVERNMENTAL HISTORY OP 



Part I. 



Gov'r brought into the countrey, so that there is no need for 
Report in a particular court for that concern. 
1671. 3. Where the legislative and executive powers of 

Legislative y ur government are seated ? Answer. In the erov- 

and execu- . " ° 

tive pow- ernour, councel, and assembly, and officers substituted 

ers - by them. 

Laws and 4. What statute laws and ordinances are now made 

ceSt and in force ? Answer. The secretary of this countrey 

every year sends to the Lord Chancellor, or one of the 
principal secretaries, what laws are yearly made ; which 
for the most part concern only our own private exigen- 
cies ; for contrary to the laws of England, we never 
did nor dare make any, only this, that no sale of land 
is good and legal, unless within three months after the 
conveyance it be recorded in the general court, or 
county courts. 

Military 5. What number of horse and foot are within your 
government, and whether they be trained bands or 
standing forces ? Answer. All our freemen are bound 
to be trained every month in their particular counties, 
which we suppose, and do not much mistake in the cal- 
culation, are near eight thousand horse : there are 
more, but it is too chargable for poor people, as we are, 
to exercise them. 

Castles and 6. What castles and forts are within your govern- 
ment, and how situated, as also what stores and pro- 
visions they are furnished withal ? Answer. There 
are five forts in the country, two in James River, and 
one in the three other rivers of York, Rappahanock and 
Potomek ; but God knows we have neither skill or 
ability to make or maintain ; for there is not, nor, as 
far as my inquiry can reach, ever was one engineer in 
the country, so that we are at continual charge to 
repair unskillful and inartificial buildings of that nature. 
There is not above thirty great and servicable guns ; 

powder? this we yearly supply with powder and shot as far as 
our utmost abilities will permit us. 

Privateers. 7. What number of privateers do frequent your coasts 



THE UNITED STATES OP AMERICA. 171 

DURING THE REIGN OF CHARLES II. PART I. 

and neighboring seas ; what their burthens are ; the Gov'r 
number of their men and guns, and the names of their J^f e £ 8 
commanders ? Answer. None to our knowledge since mi. 
the late Dutch war. 

8. What is the strength of your bordering neighbors, Neighbors, 
be they Indians or others, by sea and land, what cor- & c dians ' 
respondence do you keep with your neighbors ? An- 
swer. We have no Europeans seated nearer to us than 

St. Christophers or Mexico that we know of, except 
some few French that are beyond New England. The 
Indians, our neighbors, are absolutely subjected, so that 
there is no fear of them. As for correspondence we 
have none with any European strangers ; nor is there 
a possibility to have it with our own nation further than 
our traffick concerns. 

9. What arms, ammunition, and stores did you find Arms and 
upon the place, or have been sent you since, upon his™^ rjr 
majesty's account ; when received ; how employed ; 

what quantity of them is there remaining and where ? 
Answer. When I came into the country, I found one 
only ruinated fort, with eight great guns, most unserr- Great 
icable, and all dismounted but four, situated in a mostS uns - 
unhealthy place, and where, if an enemy knew the 
soundings, he could keep out of the danger of the best 
guns in Europe. His majesty, in the time of the Dutch 
war, sent us thirty great guns, most of which were lost 
in the ship that brought them. Before or since this we 
never had one great or small gun sent us, since my g ma u 
Coming hither ; nor, I believe, in twenty years before : s uns - 
all that have been sent by his sacred majesty are still 
in the countrey, with a few more we lately bought. 

10. What monies have been paid, or appointed to be Arms, for- 
paid, by his majesty, or levied within your government, ^ ficatl0U3 » 
for and towards the buying of arms or making or main- 
taining of any fortifications or castles, and how have 

the said monies been expended? Answer. Besides 
those guns I mentioned, we never had any monies 
of his majesty towards the buying of ammunition, or 



172 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

GovV building of forts. What monies can be spared out of 
report in 8 ^ ie P 11 ^ revenue, we yearly lay out in ammunition. 
1671. 11. "What are the boundaries and contents of the 

&c U of d the * anc * w l tnm V0lir government ? Answer. As for the 
colony. boundaries of our land, it was once great, ten degrees 
in latitude, but now it has pleased his majesty to con- 
fine us to half a degree. Knowingly I speak this, pray 
God it may be for his majesty's service but I much fear 
the contrary. 
Products 12. What commodities are there of the production, 
<w manu " growth and manufacture of your plantation ; and par- 
ticularly what materials are there already growing, or 
may be produced for shipping in the same ? Answer. 
Commodities of the growth of our country, we never 
Tobacco, had any but tobacco, which in this yet is considerable 
that it yields his majesty a great revenue, but of late 
Silk. we have begun to make silk, and so many mulberry 

trees are planted, and planting, that if we had skillful 
men from Naples or Sicily to teach us the art of mak- 
ing it perfectly, in less than half an age, we should 
make as much silk in an year as England did yearly 
expend three score years since ; but now we hear it is 
, grown to a greater excess, and more common and vul- 

Shipping. gar usage. Now, for shipping, we have admirable 
Iron-ore. masts and very good oaks ; but for iron ore, I dare not 
say there is sufficient to keep one iron mill going for 
seven years. 
Salt-petre. 13. Whether salt-petre is, or may be, produced with- 
in your plantation, and if so, at what rate may it be 
delivered in England ? Answer. Salt-petre, we know 
of none in the country. 
Rivers and 14. What rivers, harbors, or roads are there in or 
harbors. aD0U t your plantation and government, and of what 
depth and soundings are they ? Answer. Rivers, we 
have four, as I named before, all able, safely and seve- 
Popuia- ra ^yj to bear an d harbor a thousand ships of the great- 
tion, plant- est burthen. 
ants'' &c." 15- What number of planters, servants, and slaves ; 



THE UNITED STATES OF AMERICA. 173 

DURING THE REIGN OF CHARLES II. PART I. 

and how many parishes are there in your plantation ? Gov'r 
Answer. We suppose, and I am very sure we do not re^un s 
much miscount, that there is in Virginia above forty ioti. 
thousand persons, men, women and children ; and of 
which there are two thousand black slaves, six thou- 
sand christian servants for a short time, the rest are 
born in the countrey or have come in to settle and seat, 
in bettering their condition in a growing countrey. 

16. What number of English, Scots, or Irish, have Annual in- 
for these seven years last past come yearly to plant an ^ q™^^ 1 
inhabit within your government ; as also what blacks or turers, &c. 
slaves have been brought in within the said time ? 
Answer. Yearly, we suppose there comes in, of serv- 
ants, about fifteen hundred, of which most are English, 

few Scotch, and fewer Irish, and not above two or three 
ships of negroes in seven years. 

17. What number of people have yearly died, within Deaths an- 
your plantation and government for these seven years nual v- 
last past, both whites and blacks ? Answer. All new 
plantations are, for an age or two, unhealthy, till they 

are thoroughly cleared of wood ; but unless we had a 
particular register office, for the denoting of all that 
died, I cannot give a particular answer to this query ; 
only this I can say, that there is not often unseasoned 
hands (as we term them) that die now, whereas hereto- 
fore not one of five escaped the first year. 

18. What number of ships do trade yearly to and Ships and 
from your plantation, and of what burthen are they? trade> 
Answer. English ships, near eighty come out of Eng- 
land and Ireland every year for tobacco ; few New-Eng- 
land ketches ; but of our own, we never yet had more 

than two at one time, and those not more than twenty 
tons burthen. 

19. What obstructions do you find to the improve- impedi- 
ment of the trade and navigation of the plantations ments t0 

° x commerce. 

within your government? Answer. Mighty and de- 
structive, by that severe act of parliament which ex- Navigation 
eludes us the having any commerce with any nation act ' 



174 



THE GOVERNMENTAL HISTORY OF 



Part I. 



VIRGINIA, 



Gov'r 
Berkeley's 
report in 
1671. 



Disloyalty 
of New- 
England. 

Improve- 
ments in 
trade, &c. 



Duties on 
exports 
and im- 
ports. 



Salary of 
the gov- 
ernor. 



Revenue 
to the 
king. 



in Europe but our own, so that we cannot add to our 
plantation any commodity that grows out of it, as olive 
trees, cotton or vines. Besides this, we cannot pro- 
cure any skillful men for one now hopeful commodity, 
silk, for it is not lawful for us to carry a pipe stave, or 
a barrel of corn, to any place in Europe out of the 
king's dominions. If this were for his majesty's serv- 
ice, or the good of his subjects, we should not repine, 
whatever our sufferings are for it, but, on my soul, it 
is the contrary for both. And this the cause why no 
small or great vessels are built here ; for we are most 
obedient to all laws, whilst the New-England men break 
through and men trade to any place that their inter- 
ests lead them. 

20. What advantages or improvements do you ob- 
serve that may be gained to your trade and navigation ? 
Answer. None, unless we had liberty to transport our 
pipe staves, timber and corn, to other places besides the 
king's dominions. 

21. What rates and duties are charged and payable 
upon any goods exported out of your plantation, 
whether of your own growth or manufacture, or other- 
wise, as also upon goods imported ? Answer. No 
goods, either exported or imported, pay any the least 
duties here, only two shillings the hogshead on tobacco 
exported, which is to defray all public charges ; and 
this year we could not get an account of more than 
fifteen thousand hogsheads, out of which the king 
allows me a thousand yearly, with which I must main- 
tain the port of my place, and one hundred interven- 
ing charges that cannot be put to public account. And 
I can knowingly affirm, that there is no government of 
ten years' settlement, but has thrice as much allowed 
him. But I am supported by my hopes that his gra- 
cious majesty will one day consider me. 

22. What revenues do or may arise to his majesty 
within your government, and of what nature is it ; by 
whom is the same collected ; and how answered and 



THE UNITED STATES OP AMERICA. 175 

DURING THE REIGN OF CHARLES II. PART I. 

accounted to his majesty ? Answer. There is no rev- 
enue arising to his majesty but out of the quit-rents ; 
and this he hath given away to a deserving servant, Col. 
Henry Norwood. 

23. What course is taken about the instructing the Parishes, 
people within your government in the christian relig- )£° ^ on 
ion ; and what provision is there made for the paying clergy, ed- 
of your ministry ? Answer. The same course that is 
taken in England out of towns ; every man according 
to his ability instructing his children. We have forty- 
eight parishes, and our ministers are well paid, and by 
my consent should be better if they would pray oftener 
and preach less. But of all other commodities, so of 
this, the worst are sent us, and we had few that we 
could boast of since the persecution in Cromwell's tyr- 
anny drove divers worthy men hither. But, I thank 
God there are no free schools nor printing, and I hope 
we shall not have these hundred years ;* for learning * 2 Hen- 
has brought disobedience and sects and heresy into the nmg ' 
world, and printing has divulged them. God keep us 
from both.'* 



On the twenty-fifth day of February, in the year 
1673, Charles II. made a grant of the whole colony of the crown 
Virginia to Lords Arlington and Culpeper, two of his^^f 5 
favorites, for the term of thirty-one years. This strange and Cui- 
and improvident act invested the patentees with a pro- y^ t { (573 1 
prietary title and government over the country. It 
was exceedingly irritating to the people of the colony ; 
it gave rise to great discussion and excitement and 
tested their loyalty almost beyond the limit of endur- 
ance. The agitation found its fittest out-break, where 

Its effect 
all such matters were usually disposed of, in the house in the col- 

of burgesses. The first act of the grand assembly held on ?- 
in September, 1674, and which had been prorogued to 
this date from October of the previous year, is pointed 
in its reference to this subject. It was entitled as 
follows : 



176 


THE GOVERNMENTAL HISTORY OF 




Part I. 


VIRGINIA, 





The grant "An act for an address and application to be made to 
to Lords » i . , , , 

Arlington the king- s most excellent majesty" and recited 

peper 111 * " Whereas ^ ls grand assembly are deeply sensible 
of the many and grievous pressures that are daily 
in^there- g rowm S an ^ si ^ likely to grow, and be imposed upon 
upon by the inhabitants of this his majesty's royal colony of 
assembly Virginia, by certain Lords patentees, who under colour 
of Sept. and pretence of promoting the good of the colony and 
augmenting his majesty's revenues have obtained cer- 
tain letters pattents and grants derogating, and in preju- 
dice of, many royal concessions and grants from time to 
time made by his majesty, and his royal progenitors, in 
Its effect f avor to this colony, all which, as justly may be feared, 
upon their the said lords by their deputies and ministers will en- 
interests, deavor to make void and of none effect, by imposing 
new rents and services, altering the form of our ten- 
ures, compelling to new surveys and new pattents, 
imposing fines and compositions on surplusages, lands 
and lapses, at their will and pleasure, by nomination of 
sheriffs, escheators, surveyors, and other officers ; and 
in effect divesting the government of those just powers 
and authorities by which this colony hath hitherto been 
kept in peace and tranquility, and all men's rights and 
properties duly administered and preserved unto them. 
Resolution " And ichereas this grand assembly, on great delib- 
dress to " oration, have considered by what convenient ways and 
the king, means those agrievances might be removed ; how our 
liberties, privileges, immunities, rights and properties, 
might be had, made, and established to us and our pos- 
terity ; have thought fitt that a humble supplication be 
made to his sacred majesty, by this grand assembly, 
in the name of this his majesty's most loyal colonies, 
setting forth as well, by what royal grants and conces- 
sions his majesty and his royal progenitors, have, from 
time to time, been graciously pleased to indulge this 
colony ; the grievous pressures likely to grow upon us 
by reason of the late grants to the lords ; that his maj- 
esty would be graciously pleased to revoke the said 



THE UNITED STATES OF AMERICA. 177 

DURING THE REIGN OF CHARLES II. PART I. 

grants to the said lords ; and for securing us from our Action on 
fears, in time to come, of being removed from his maj- to ie L ord" 
esty's immediate protection, to confirm our liberties, Arlington 
privileges, immunities, rights, and properties as afore- peper, 
said, by his majesty's royal charter ; and that certain bept " ' 
gentlemen in whose honor, integrity and care, for pro- 
moting the good of this country, this grand assembly 
have a just confidence, be desired to address them- 
selves to his majesty in the name of this colony, and to 
negotiate in England all other public affairs of this 
country. 

" And because it is manifest that a work of this Provision 
nature is not to be undertook or effectually prosecuted, ^repeal 6 
without money, and that we be not imprudently want- 
ing to ourselves in a matter of so great importance, 
this grand assembly have thought fitt that a sum of Levy of 
money be raised of and from the inhabitants of this therefor, 
countrcy to be used, employed, and expended towards 
the accomplishment of the ends and purposes afore- 
said ; Be it therefore enacted, by the govemour, councel, 
and burgesses of this grand assembly, and by the author- 
ity thereof, that fifty pounds of tobacco besides cask 
and salary, be levied of and from every tithablc person 
within this colony this present year ; And fifty pounds 
of tobacco besides cask and salary the next year ; And 
that this be disposed of to several undertakers at the 
rate of eight shillings per cent., for producing money * Appor- 
as aforesaid for accomplishing the ends and purposes ^ g S gg S * e 
aforesaid in manner and form following," &c* mem. 

Pursuant to the provisions of this act three agents 
were appointed, Col. Francis Morryson; Thomas Lvd- 
well, secretary; and Major General Robert Smith; po ^tedto" 
Early in the next year they opened the negotiation for negotiate 

its rcpc&l 

the repeal of the obnoxious grant, and for a new char- 
ter to the colony, by submitting sundry " heads " as 
the basis of their propositions ; accompanying each 
with appropriate explanations : The propositions for a 
new charter were, 
12 



178 


THE GOVERNMENTAL HISTORY OP 




Part I. 


VIRGINIA, 





Negotia- 
tion and 
proposi- 
tions for a 
new char- 
ter, 1675. 



Power of 
granting 
lands. 



Their de- 
pendence 
upon the 
Crown. 



Object of 
this prop- 
osition. 



Titles to 
lands. 



" 1st Head. That Virginia may be enabled, by the 
king's letters pattents, by the name of " governour, 
councel and burgesses " to purchase and hold the grant 
of the northern neck or tract of land between the Rap- 
pahanock and Potomack rivers, which had been con- 
veyed to the Earl of St. Albans, Lord* Culpeper and 
others. 

"Explanation of the first head. That by incorporating 
the governour, councel, and burgesses, (a term which 
they disapprove of, if any better mode could be 
devised,) they only wish that they may have capacity 
to purchase two grants which had been made of the 
northern neck, and which excited great 'uneasiness 
among the people ; that the power of granting the 
lands within that territory may reside in the governour 
and councel as formerly ; and that the colony of Vir- 
ginia may, after the purchase, enjoy the quit-rents and 
escheats in the same manner as the patentees, they 
being the only source from which the colony can be 
reimbursed their purchase money. 

" Id Head. That the people of Virginia may be 
assured that they shall have no other dependence but 
on the crown, nor be cantonized into parcels by grants 
made to particular persons. And to prevent surrepti- 
tious grants, that none be made for the future, till the 
king shall have received information from the gov- 
ernour and councel of Virginia, as to the propriety of 
making them. 

" Explanation of the second head. Nothing more is 
intended by this head, than that the people of Virginia 
should rely on the crown alone for protection. No 
unlimited power is asked for, nor any grilnt which 
shall lessen the authority of the king. 

" 3d Head. That all lands may be assured to the 
present possessors and owners thereof. 

"Explanation of the third head. This, the agents 
consider essential to the peace and welfare of the 
colony. The inhabitants, in confidence of their grants, 



THE UNITED STATES OF AMERICA. 179 

DURING THE REIGN OF CHARLES II. PART I. 



having expended their estates in the improvements of Negotia- 
their lands, it is all important that they should beJJ^Jjf 
assured of their titles. The agents also pray that the tions for a 
usual allowance of fifty acres of land for each person ^167 T 
imported, which experience had proved to be so bene- 
ficial, may be continued. 

"■till Head. That all lands held by right of adminis- Possession 
tration, acquisition, or other customary title, which in viands, 
strictness of the law might be escheated, may be 
assured to the possessors ; the escheators for the 
crown taking only two pounds of tobacco per acre, 
according to a former composition, for escheats. 

"Explanation of the fourth head. It having been Necessity 
discovered, on enquiry, that a great number of the provision. 
inhabitants held their lands by right of administration 
and other colorable titles, which, for want of heirs, 
were by law escheated to the crown ; the governour and 
councel with the advice of the grand assembly, in 
order to avoid the inconveniences which should result 
from disturbing so many possessions, established a gen- 
eral composition for escheats at the above rate. As no 
emolument could accrue to the crown from granting 
those lands to new adventurers, the agents pray that 
the possessors may be quieted in their titles. 

" 5th Head. That the governour and councel may be Residence 
residents in the colony ; and that the deputy governour, ernor an( j 
in the absence of the governour, may be one of the Council, 
councel, and such as has an estate and interest in the 
countrey. 

"Explanation of the fifth head. This is not a new Nature of 
proposition, nor does it arise from groundless fears. It fc ™ P ro P°- 
is no more than is contained in the commissions of all 
the governours since the foundation of the government ; 
and is only intended to guard against the powers of the 
government devolving upon strangers who have no 
interest in the country, during the absence of the gov- 
ernour, and that the king himself may have a better 
account of the countrey. 



180 



THE GOVERNMENTAL HISTORY OF 



Part I. 

Negotia- 
tion and 
proposi- 
tions for a 
new Char- 
ter, 1675. 
Judicial 
powers. 



Taxes. 



Reasons 
for this 
proposi 
'ion. 



VIRGINIA, 



Taxation 

without 

consent. 



Conceded 
by James 
I. 



" 6th Head. That the governour and councel, or a 
quorum of them, may be fully empowered by charter 
to hear and determine all treasons, misprisions of 
treason, murders and felonies ; since the government, 
being so remote, ought to be armed with such powere. 

'■'•Explanation of the sixth head. Nothing more is 
intended by this than that, instead of a commission of 
oyer and terminer, there may be a standing provision 
in the charter conferring such powers. 

" 1th Head. That there shall be no tax or imposition 
laid on the people of Virginia but according to their 
former usage, by the grand assembly, and no otherwise. 

" Explanation of the seventh head. 1. The agents 
hope that this request will not be deemed immodest, 
when it is considered that both the acquisition and 
defence of Virginia have been at the charge of the 
inhabitants ; and that the people, at that time, were at 
the expense of supporting not only the government 
but the governour, which occasioned their taxes to be 
very high, and which must every year increase with 
the growth of the countrey." 

"And further, As to the point whether the Virgin- 
ians are in reason to be assured under his majesty's 
great seal, that they shall not be taxed without their 
own consent — 

"1. It is humbly conceived, that if his majesty 
deduce a colony of Englishmen by their own consent 
(or otherwise he cannot) or license or permit one to 
be deduced, to plant an uncultivated part of the world, 
such planters and their heirs ought to enjoy by law in 
such plantation, the same liberties and privileges as 
Englishmen in England ; such plantation being but in 
nature of an extension or dilation of the realm of 
England. 

" 2. King James did, by the charter to the treas- 
urer and company, declare that their posterity and 
descendants born in Virginia, should be taken as 
natural born subjects of England; (as in truth, without. 



THE UNITED STATES OF AMERICA. 181 

DURING THE REIGN OF CHARLES II. PART I. 

any declaration or grant, they ought by law to be,) Xegotia- 
which charter, although for the misgovernment of the [JJJjJjjJ 
company it were demanded in a quo warranto, yet did tious for a 

/» i . i • lii ., new Char- 

the said king forthwith promise and declare, that a ter> 1675. 
charter should be renewed with the former privileges 
to the planters, at whose instance and for whose sake 
the former charter was called in. 

" 3. Neither his majesty nor any of his ancestors, or Ancient 

USU-CTG. 

predecessors, have ever offered to impose any tax upon 
this plantation, without the consent of his subjects here. 

"4. Nor upon any other plantation, how much less^sagein 
soever deserving of or considerable to the crown. co ionies. 
New England, Maryland, Barbadoes, &c, are not taxed 
but of their consent. 

"5. As to their land, the Virginians are freeholders 
in common, as of the Manor of East Greenwich. 

"6. Their goods, the product of the industry of Revenue to 
themselves and servants, being the principal part of e mg ' 
their estates, (in respect whereof their lands are of con- 
siderable value,) yield to the king, in his customs, at 
least one hundred thousand pounds per annum. 

" 7. The acquisition and defence of the countrey was, Expenses 
and is, by the blood and treasure of the former and pres-°he coun? g 
ent planters and seaters ; never costing the crown of tr y- 
England anything in all their way. 

"8. Their taxes already are, and must continue, Present 
high upon them for the maintenance and support of the taxes. 
government, execution of law and justice, and defence 
and ornament of the countrey ; erecting and endowing 
of churches ; maintenances of ministers of English 
ordination, doctrine and liturgy ; building and furni- 
ture of ports, ships of war, towns, &c. 

"9. Their course of taxing (which is ever only per Value of 
poll) showeth how far the personal industry of the m us ry ' 
people is and ought to be valued above their lands and 

Stocks. Exemption 

"10. The petitioners have an express charge to insist f™™^?** 1 " 
on this particular, and since they find their right sisted. 



182 THE GOVERNMENTAL HISTORY OP 

Part I. Virginia, 

Negotia- herein to be questioned, they find it necessary to have 
proposi- th* s particular cleared, and the referees herein satisfied 
tions for a before they proceed to any other, 
ter, 1675. 8th Head. A confirmation, by charter, of the au- 
thority of the grand assembly, consisting of governour, 
councel, and burgesses. 
Continu- Explanation of the 8th head. That is, in effect, only 
present * e *° as ^ ^ a ^ ^ ne l aws made in Virginia, may be of force 
govern- and value, since the legislative power has ever resided 
in an assembly so qualified ; and by fifty years experi- 
ence had been found a government more easy to the 
people and advantageous to the crown ; for, in all that 
time, there had not been one law which had been com- 
plained of as burthensome to the one, or prejudicial to 
The king's the prerogative of the other. And though the king 
of their ^ iac ^ aiwa y s a negative, by his governour ; yet the colo- 
ns, nists would not object to the king's exercising the 
power of disannulling a law, so that his dissent be sig- 
nified within two years after the enacting of it. For 
* 2. Hen- which purpose the laws should be annually transmitted 
ning, 623- to one of his principal secretaries of state."* 

These propositions were submitted to parliament 
and on the twenty-fifth day of June, they were re- 
ferred by the lords of the committee for foreign planta- 
tions to the king's attorney and solicitor general. They 
reported them back to the same committee on the elev- 
enth of October following, who submitted the same 
Report of report to the king, making it their own by a change of 
and action the phraseology, substituting the words " your majesty" 
of the f or tnc worc i s n his majesty." The report is embodied 

king in « • 

council in the action of the king and councel thereupon which 

thereupon. wag M follows . 

"At the Court at Whitehall, November 29th, 1675. 
Present, the kuig's most excellent majesty, etc. : 
Whereas the right honorable the lords of the com- 
mittee for forrain plantations, did this day present to 
his majesty in councel, a report touching a grant to be 



THE UNITED STATES OF AMERICA. 183 

DURING THE REIGN OF CHARLES II. PART I. 

past unto his majesties subjects of Virginia in the words Action of 
blowing: L he co k a 

u May it please your Majesty. The petition of Francis u P°n the 
Morryson, Thomas Ludwell and Robert Smith, agents for the com- 
the governour, councel, and burgesses of the countrey " ntte ®> ^ 
of Virginia and territory of Accomac, being by your 
majesties most gracious order, in council, of the 23d 
June last past, referred to your majesties attorney and 
solicitor general, who were to consider thereof, as also 
of a paper annexed, containing more fully the heads of The 
what they humbly proposed, and then to report unto us re P° r t- 
their opinion on the same, as to the conveniency thereof, 
in respect of your majesties service ; and we having 
seen and examined the said report, bearing date the 
12th instant, are upon the whole matter humbly of the 
opinion, that it will not only be for your majesties serv- 
ice, but for the increase of the trade and growth of the 
plantations of Virginia, if your majesty shall be pleased 
to grant and confirm, under your great seal of England, 
unto your subjects of Virginia, the particulars follow- 
ing, as of your majesties free grace and goodness to 
them : 

1. That your majesty will enable the governour, coun- Power to 
eel, and commonalty of Virginia, to purchase the lands, P urc j* a *> e 
<fec, contained in the grant to the Earl of St. Albans, Lord' 
Lord Culpeper, and others, and, as to that purpose er u j^of 
only, to be made a corporation, to purchase and retain n0I "them 

neck. 

the same, with a non obstante to the statute of mort- 
maine. 

2. That the inhabitants, your majesties subjects there, Depend- 
may have their immediate dependence upon the crown crow™?* 
of England, under the jurisdiction and rule of such England, 
governor (or government) as your majesty, your heirs 

and successors shall appoint. 

3. That the governor, for the time being, shall be Governor 
resident in the country, except your majesty, your heirs J"^™'" 
and successors shall, at any time command his attend- Virginia, 
ance in England, or elsewhere ; in which case a deputy 



184 THE GOVERNMENTAL HISTORY OP 

Part I. yikginia. 



Action of shall be chosen, to continue during the absence of such 
icil governor, in manner as hath formerly been used, unless 



in count 



upon the your majesty shall be pleased to nominate the deputy, 
the com- who is to be one of the councel, but if any governor 
™ lttee ' h 5 happen to dye, then another to be chosen as hath been 
Deputy formerly used, to continue till your majesty, your heirs 

and and successors, shall appoint a new governor, 

successor. ' » ■ • 

Exemption 4. That no manner of imposition or taxes shall be 
from taxa-i a }<j or imposed upon the inhabitants and proprietors 
there, but by the common consent of the governor, 
councel, and burgesses, as hath been heretofore used ; 
Proviso, provided that this concession be no bar to any imposi- 
tion that may be laid, by act of parliament here, on 
the commodities which come from that country. 
Granting 5. That your majesty, your heirs and successors, will 
by the no ^ ^ or ^ ie f u t ure > grant any lands in Virginia under 
kin g- your great seal, without first being informed by the 
governor and councel there, for the time being, or some 
person by them impowered, whether such grant will 
not be prejudicial to the plantations there. 
Confirma- g. That all lands now possessed by the planters or 
titles. inhabitants, may be confirmed and established to them ; 
provided it alter not the property of any particular 
man's interest in any lands there. 
Fifty acres 7. That, for the encouragement of such of your 
emSrant. majesties subjects as shall, from time to time, go to 
dwell in the said plantation, there shall be assigned out 
of the lands (not already appropriated) to every per- 
son so coming thither to dwell, fifty acres, according as 
hath been used and allowed since the first plantation. 
Composi- 8. That all lands possesst by any subject inhabiting 
in Virginia, which have escheated, or shall escheat, to 
your majesty, may be enjoined by such inhabitant or 
possessor, he paying two pounds of tobacco composi- 
tion for every acre, which is the rate, in that behall, 
set by the governor, authorized to do the same, by your 
majesties instructions, 
treason, 9. That the governor and councel, or a certain quo- 



tion for 
escheats. 



THE UNITED STATES OF AMERICA. 185 

DURING THE EEIGN OF CHARLES II. PART I. 

rum of them, may be empowered to try all treasons, murder 
murders, felionies and other misdemeanors, provided^ e0 " 
they proceed in such trials, as near as may be to the Proviso, 
laws of England : the governor to have power of par- Pardoning 
doning all crimes, unless murther or treason ; and in power, 
these, if he see occasion, to give reprieve, until he shall 
have laid the state of the fact before your majesty, and 
received your royal determination therein. 

10. That the power and authority of the grand as-p OW erof 
sembly consisting of governor, councel and burgesses, s 1 " 8 "^ as ' 
may be by your majesty ratified and confirmed ; pro- 
vided that your majesty may at your pleasure revoak Of king to 
any law made by them, and that no law so revoaked lawa 
shall, after such revoakation, and intimation thereof 
from hence, be further used or observed. 

All which is hereby submitted to your majesties de- 
termination." 

"Councel Chamber, the 19th of November, 1575. — Report 
His majesty having considered the said report, and be- a ° d ™w 
ing greatly inclined to favour his said subjects of Vir- cliarter 

ordered 

ginia, and to give them all due encouragement, have 
thought fitt to approve and confirm the same, and Mr. 
Attorney general and Mr. Solicitor general, are hereby 
required to prepare a bill for his majesties signature in 
order to the passing of letters pattents for the grant, 
settlement and confirmation of all things according to 
the direction of the said report, but paring the words 
and manner of expression so as may be most suitable 
to the forme of law in such cases accustomed, and to 
the petitioners relief." 

In pursuance of this order of the king, a corporate The order 
charter was subsequently prepared and was in progress B ac e ^g by 
through the offices of state, but before it was definitively rebellion, 
arranged the news of " Bacon's Rebellion"* arrested its 



* Nathaniel Bacon, the younger. His rebellion was short-lived, and 
had no other material effect on the condition of the colony than aa 
it affected the Charter applied for. He made a public acknowledgment 
of his guilt, and sued for pardon, June 9, 1676. Many prominent actors 



186 



THE GOVERNMENTAL HISTORY OF 



Part I. 



Further 
negotia- 
tions for a 
charter, 
1675-6. 



*See2 

Henning, 

531. 



New char- 
ter of 
Charles II. 



Depend- 
ence on the 
crown. 



execution, and had the effect of materially changing its 
provisions. 

The order of the King directing the Articles reported 
by the lords of the commissioners for foreign planta- 
tions to be transcribed and passed into a charter was 
probably prompted by his grateful recollection of the 
loyalty with which the colonists of Virginia had defend- 
ed and adhered to the rights of the crown during the 
suspension of the regal power under the commonwealth, 
and at the restoration. Soon after its publication was 
defeated by the disturbances of Bacon's rebellion, fur- 
ther manifestations of disloyalty also took place in New 
England. The agents for Virginia were consequently 
embarrassed in their negotiations, and full a year elapsed 
before any charter was procured. It would seem, from 
a memorandum in the record office made a few years 
afterwards, that the people were very much disappoint- 
ed in the result. It represents them as complaining 
that "Lord Culpeper obtained that this poor charter, 
which we have, only should be granted."* The char- 
ter was issued in October, 1676, as follows, viz: 

The New Charter. 
Charles the second, by the grace of God, King of 
England, &c, to all to whom these presents shall come, 
greeting-. Know ye, that we of our especial grace, cer- 
tain knowledge, and meer motion, have declared and 
granted, and by these presents do, for us, our heirs, and 
successors declare and grant that all the subjects of us, 
our heirs, and successors, from time to time inhabiting 
within our colony and plantation of Virginia, shall have 
their immediate dependence upon the crown of Eng- 
land ; under the rule and government of such govern- 
ours, as we, our heirs, and successors, shall from time 

with him were compelled to ask pardon of the governor and council on 
their knees with a rope around their necks : Bacon disappeared suddenly 
and mysteriously and was supposed to have been assassinated. A general 
pardon was granted by proclamation to all others. See 2. Henning, Sit. 



THE UNITED STATES OF AMEKICA. 187 

THE NEW CHARTER OF CHARLES II. PART I. 

to time appoint in that behalf, and of, or upon, no other 
person or persons whatsoever: 

II. And further, that the governour for the time Governor 

to be resi- 

being, shall be resident in that countrey, except we, our dent iu the 
heirs or successors shall at any time command his colou . y - 
attendance in England or elsewhere; in which case a 
deputy shall be chosen, to continue during the absence Deputy 
of such governour, in manner as hath formerly heen c ^ v sen> 
used, unless we, our heirs, or successors shall think fitt 
to nominate such deputy. And further ■, if any govern- 
our shall happen to die, then another governour shall and 
may be chosen as hath been formerly used, to continue how ap- 
till we our heirs or successors, shall appoint a new gov- pomte " 
ernour. 

III. And moreover, that all lands now possessed by confirma- 
the several and respective planters, or inhabitants of tities°to 
Virginia, are and shall be confirmed and established to lauds. 
them and their heirs forever, where the property of any 
particular man's interest in any lands there shall not be 
altered or prejudiced by reason thereof. 

IV. And our further will and pleasure is, and we do Fifty acres 
hereby, of our further grace and favor, declare and eac h em [. 
grant, that for the encouragement of such our subjects s raut - 

as shall from time to time go to dwell in the said plan- 
tation, there shall be assigned, out of the lands not 
already appropriated, to every person so coming to 
dwell, fifty acres of land, according as hath been used 
and allowed since the first plantation, to be held of us, 
our heirs, and successors, as of our manor of East- 
Greenwich, in the County of Kent, in free and common 
soccage. 

V. And further, that all lands, possesst by any sub- Compoai- 
ject inhabiting in Virginia, which are escheated, or shall ^eata es " 
escheat, unto us, our heirs, and successors, shall and 

may be enjoyed by such inhabitants or possessors, his 
heirs and assigns forever, paying two pounds of tobacco 
composition for every acre, which is the rate set by our 



188 



THE GOVERNMENTAL HISTORY OP 



Part I. 



VIRGINIA, 



Trials for 
treason, 
murder, 
fee. 



To be con- 
strued 
beneficial- 
ly to the 

colonists. 



governour according to our instructions to him in that 
behalf. 

VI. And further, that the governour and councel of 
Virginia for the time being, and in the absence of the 
governour, the deputy governour, and councel, or any 
five or more of them, whereof the governour or his 
deputy to be always one, shall, and hereby have full 
power and authority to hear and determine all treasons, 
murders, felonies, and other offences committed and 
done within the said government, so as they proceed 
therein, as near as may be to the laws and statutes of 
this kingdom of England. 

VII. And lastly, know ye, that we being, of our royal 
goodness, graciously inclined to favor the subjects of 
us, our heirs and successors, which now do, or hereafter 
shall, inhabit in the said country of Virginia, and to 
give the more liberal and ample encouragement to plant- 
ations there, do hereby declare our royal will and 
pleasure to be, that all and every clause, article, and 
sentence, in those our letters pattents contained, shall 
be, from time to time for ever hereafter, as often as any 
ambiguity, doubt, or question shall or may arise there- 
upon, expounded, construed, deemed, and taken, to be, 
by us meant and intended, and shall enure and take 
effect in, the most beneficial and available sense to all 
intents and purposes, for the profit and advantage of the 
subjects of us, our heirs and successors, as against all 
and every other person and persons whatsoever, any 
law, statute, custom, and usage to the contrary thereof 
notwithstanding. In witness whereof we have caused 
these our letters to be made pattents. Witness ourself, 
at Westminster, the tenth day of October, in the twen- 
ty-eighth year of our reign. 

Per ipsum Reg-em — Barker.* 



* 2. Hen- 
ning, 532. 



The char- This charter is a remarkable document, whether we 

ter " consider its brevity and the singularity of its provisions, 

or the circumstances under which it was brought into 



THE UNITED STATES OF AMERICA. 189 

AND THE NEW CHARTER OF CHARLES II. PART I. 

being. While its design seems to have been to place 
restrictions upon the colonial administration, it does 
not in words abridge, nor does it take away from the 
colonists, those political rights and powers which they 
had acquired during the revolutionary period of their 
existence, or otherwise assumed to exercise as a politi- 
cal body: Nor yet does it repeal, but rather seems to 
affirm, the provisions of former charters or commissions. 
It makes no allusion whatever to many important mat- 
ters contained in the propositions of the agents for Vir- 
ginia, particularly those which refer to the right of 
imposing taxes as vested in the grand assembly, and 
is silent as to the continuance of that body as then con- 
stituted. Yet it takes from it the power of appointing 
the governor and makes him the creature of the crown, 
while at the same time in the provision made for the 
choice of a deputy governor it seems to concede, infer- 
entially at least, the existence of the assembly if not 
its supremacy, as a legitimate organization. 

Sir William Berkeley was sent for by the king, and Governor 
left the colony on the twenty-seventh day of April, g ^ ^ 
1677, for England, where he soon after died. Of course to Eng- 
he did not officiate as governor of the colony under the Hig ^ h ' 
new charter. Thomas, Lord Culpeper, baron of Thors- 
way, was appointed Lieut. Governor in July, 1675, but 
he did not arrive in the colony until the year 1680, and 
was formally sworn into office as governor on the tenth Lord Cul- 
day of May; Herbert Jeffreys, Esq., and Sir Henry p^^P" 
Chickeley, having in turn respectively acted as lieut. governor, 
governor in the interim from the departure of Sir Wil- 
liam Berkeley. 

On the tenth day of September, 1681, Lord Arling- Grant to 
ton conveyed to Lord Culpeper all his interest in Vir- Lord Cl f l1 " 

J x r peper, &c., 

ginia, derived under the grant of Charles II. of twenty- surrender- 
flfth February, 1673. Lord Culpeper subsequently c d r0 ^ n * he 
assigned his whole estate in the premises to Charles II., 1688-4. 
which was announced to the colonists by a proclama- 
tion dated July twenty-fifth, 1684, as follows: " Where- 



190 THE GOVERNMENTAL HISTORY OP 

Part I. tirginia. 



Proclama- as the Lord Culpeper has assigned and surrendered 
King to unto us all right, title, and interest to certain letters 
the colony, pattent, bearing date 25th February, 25th Eegni, where- 
by he demised unto him and Lord Arlington, all the 
colony of Virginia, and Accomac, with the rents, quit- 
rents, fines and forfeitures, and escheats, accruing unto 
him from the premises; and the same being now in 
virtue thereof, and of a former assignment of the Lord 
Arlington unto the Lord Culpeper entirely in his 
majesty's hands, he declares his will and pleasure that 
publication thereof be made to his subjects within the 
colony of Virginia, and they be given to understand 
that his majesty proceeded herein, with an intent to 
apply all profits accruing thereby to the benefit and for 
the better support of the government of that our colony, 
in such manner as he should from time to time appoint. 
TJierefore his majesty requires the governour to impower 
the officers of the revenue, and such others as he should 
Collection think fitt, duly to collect the quit-rents accruing from 
rents. time to time, according to the reservation of 25 for 
every 100 acres of land, and so proportionally for a 
greater or lesser quantity, to be paid in specie, in mon- 
ey, and not in tobacco nor in any other commodity; 
but that the subjects might with greater ease comply 
with their obligation to his majesty, his majesty is well 
pleased that instead of English money they may answer 
what becomes due to him in such pieces of eight as are 
Escheats, current in that colony ; and as to escheats, fines and 
forfeitures, forfeitures, and other profits, mentioned in his letters 
pattents, his majesty directs that they be satisfied ac- 
cording to the demise to the Lord Culpeper in the like 
pieces of eight for every five shillings. And because 
■ at that distance he could not direct the particular 
The gov- method of recovering those dues, the governour is to 
account P rocee d therein as he should find most beneficial, and 
for to the to give him an account of his proceedings ; and that 
the revenue arising from the premises be not disposed 
of nor suffered to be issued out, until upon certifying 



THE UNITED STATES OF AMERICA. 191 

AND THE NEW CHARTER OF CHARLES II. PART I. 

unto his majesty the value of what shall remain there- Political 
upon in the treasury, he should order the same to he of JJJJdom 
disposed of to such uses as shall be most requisite for developed 
his services."* Hereby assuring the completeness of gbtiation 
the new charter. f ° r * he 

charter. 

It is not for us at this distant day, with our scant * 2 . Hen- 
materials, to fathom the motives and designs of the nin e> 521 « 
various persons and parties involved, on one side or the 
other, in the controversy which resulted in the publi- 
cation of this charter, and which here and thus term- 
inated. It develops, for the first time in the history 
of Virginia, in active though not now unloyal compe- 
tition, that questioning of the crown's supremacy 
which in the colonies of New England had already 
long ago grown to be a part of their political existence. 
It forms the first link in that chain of causes which 
just one century afterwards united Massachusetts-Bay 
and Virginia as the leading and formidable opponents 
of British oppression in America. Suppressed it might 
be in the latter colony during many intervening years 
ot almost unquestioning submission, but still existent 
and waiting only the moment ordained of providence 
to waken again, and by the like forceful reasoning to 
establish their title to political freedom, and to main- 
tain it, in a way which must inevitably lead to a sev- 
erance of them from all dependence on the kingdom 
of Great Britain. 

Here we terminate this part of the history of the General 
first colony of Virginia, and of the general govern- 
mental regulations under which it was permanently 
established, which I have made the first part of the 
governmental history of the United States. We do 
not find in them as wide a departure from the laws Virginia 
and constitution of the mother country as is discover- S, nd , Ne 7 

i England. 

able in tnose of the second colony, or New England. 
In fact, Virginia had from the beginning assumed a 
position of loyalty to the regal power of the parent 
state, which found no sympathy in the settlements of 



192 



THE GOVERNMENTAL HISTORY OF 



Part I. 



VIRGINIA, 



tion of 
1688. 



Until after New England. This is evident from the allusions made 
the English j ^ foregoing documents to the prevailing disregard 

revolu- ° ° r o o 

of the will of the crown, and of the enactments of 
parliament among the latter in referring to which the 
governor and agents of Virginia evidently plume them- 
selves upon her passive submission to both. This wili 
become still more apparent in their subsequent history. 
While Virginia was consecrating her loyalty by acts 
of protection and of posthumous adulation of the 



Virginia 
and New 
England. 



memory of Charles I., the people of New England 
were welcoming his judges to their homes and their 
hearths with the ringing acclamation, opposition to 
tyrants is obedience to God. While the former flew 
with eagerness to the embraces of a restored monarchy, 
the latter were cautiously contriving how they might 
make their own freedom from its supremacy consist 
with the semblance of submission to its authority. ' 

Henceforth Virginia, in all her appliances of govern- 
ment and administration, may be considered but a 
miniature likeness of the parent kingdom. She ad- 
hered to the crown with a right loyal devotion, and 
readily settled down into a recognition of its suprem- 
acy, undisturbed by the accession of James II. in 1685, 
or the subsequent agitations of his- reign, or his abdi- 
cation of the throne in 1688, or the consequent revo- 
lution, which placed the crown upon the heads, and 
established the succession in the line, of William and 
Mary, prince and princess of Orange. 

Nor is it at all strange that Virginia should have 
been so subservient in her allegiance. Where the 
people are kept in ignorance, despotism finds its most 
submissive subjects, and tyrants their most abject 
slaves. The liberal endowment of institutions of 
learning, the existence of free schools and a free press, 
are the surest guarantee of an enlightened and perma- 
nent freedom in any country. Sir William Berkeley, 
who for more than forty years, either as governor or a 
member of her state council, was conversant with Vir- 



THE UNITED STATES OP AMERICA. 193 

UNDER THE NEW CHARTER OF CHARLES II. PART I. 

ginia; who was one of her most excellent chief offi- Until after 
cers ; and was more instrumental than any other man i^Jn™* 
in laying the foundation of her government and insti- of 1688. 
tutions, thanks God that there were no free schools 
nor printing in Virginia, and hopes they will not have 
these hundred years. For, he adds, " learning has 
brought disobedience and heresy and sects into the 
world, and printing has divulged them, and libels 
against the best government — God keep us from both ! " See hls re - 

00 r port, ante. 

Eleven years after this date, Lord Culpeper, then 
governor of Virginia, avowed the same horror of free 
schools and printing. A printer who had actually 
opened an establishment in the colony, was prohibited 
using or exercising his trade. The fact is thus entered 
upon the record — " February 21st, 1682. John Buck- 
ner, called before the Lord Culpeper and his counccl, 
for printing the laws of 1680 without his excellency's 
licence, and he and the printer ordered to enter into 
bond in <£100 not to print anything' thereafter until his 
majesty's pleasure should be known." This was a 
sort of indefinite postponement of the right to exercise 
the calling, for there is no evidence of any printing m o 
being done in the colony from this period until 1733.* ning, 518. 

But it was not so in New England. She had her 
origin and her growth in free schools and printing, and 
in that "disobedience" and those "sects and heresies" 
which "printing has divulged." That printing and 
those schools which under Luther, and Calvin, and 
Zwingle, and the Puritans, placed the Bible in the 
hands of the people, made known to the individual 
man its elements of freedom, and developed to the 
world the true liberty of the gospel, that harbinger of 
so many blessings to mankind. Wherever the puritans 
planted a settlement in the new world, they also 
erected a church and a school-house; and wherever 
they instituted a minister, they also associated a 
teacher. Learning had no horrors to them. They 
attested their reverence for its votaries by elevating its 
13 



194 THE GOVERNMENTAL HISTORY OF 

Part I. Virginia, 

Until after most finished scholars to the highest honors whether in 
lutioiT " tne cnurcn or tne state « We must turn then to New 
of 1688. England as furnishing in her early history by far the 
most interesting and important developments of free- 
dom in our own governmental annals. 

The revolution of 1688 in England was the legitimate 
effect, and its result was the triumph, of the political 
elements of freedom embraced in the protestantism of 
the puritans. The leaven originally hid as it were in 
three measures of meal, gradually spread its subtle 
essences through the political organizations of the 
kingdom until the whole was leavened. Its too turbid 
effervescence gave birth to the licentious liberty and law- 
lessness which obtained during the transition period of 
the commonwealth, and this again gave way to the 
more substantial semblances of a free government 
under the restored monarchy. The end however was 
not yet. Liberty was hardly yet drained of its licen- 
tiousness. The more arbitrary and reactive reign of 
James II., his resolute and reckless assumption of su- 
premacy, and his attempt to restore the power of 
Protest- Romanism in his dominions, inaugurated the grand 

antism and . ° 

its ele- crisis which resulted in engrafting in the British con- 
freedom, stitution that fundamental principle of political freedom 
which recognizes the people as the primary source of 
sovereignty in the throne. Thus while Protestantism 
became the guarantee of stability and permanency to 
the monarchical forms in the parent state, it was also 
the source, life, and conservation of the more popular 
political systems which were being planted in America. 
We of this age have grown to be so familiar with and 
have lived so long surrounded by the blessings it has 
conferred upon us, that we have become alarmingly 
insensible to their greatness. "We boast of our civili- 
zation, our seminaries of learning, our institutions of 
religion and humanity ; of our enterprise, our arts, 
our commerce, our liberty and our laws, and we forget 
how much we are indebted for all these to that one 



THE UNITED STATES OF AMERICA. 195 

UNDER THE SECOND CHARTER OF CHARLES II. PART I. 

element of protestantism. Blot out this from the Conclusion 
records of our political experience alone, and where of Pakt l 
would be our free government and free institutions ? 
Eliminate all traces of its beneficent influences and 
protection even from our every-day life ; from our 
homes, our schools, our academies, our colleges, our 
universities, and our churches — withdraw its healthful 
essences from the pulpit, the bar, the bench ; from our 
halls of legislation, and our offices of state ; and what 
would we be as a people or a republic ? The truth is, 
the elements of individual, social and political freedom 
inherent in a Protestant Christianity are so inwoven 
into our very being as a nation, that to its subversion, 
if ever that period shall arrive, some future Gibbon 
may ascribe the decline and fall of the Free Repub- 
lic of the United States of America. 

end of part i. 



PART II. 

GOVERNMENTAL HISTORY OP THE SECOND GRAND DIVISION OP THE 

CONTINENT OP NORTH AMERICA, CALLED THE SECOND COLONY 

OP VIRGINIA, NORTH VIRGINIA, OR NEW ENGLAND. 

In the first part of this work I have traced the gov- 
ernmental history of the settlements planted in Amer- 
ica by the first colony of Virginia, or the London com- 
pany, until they grew into a regularly organized com- 
munity, passed out from the control and jurisdiction of 
the company, and became permanently established in 
the form of a political corporation, under a well ordered The Plym- 
system of colonial government subject to the sovereign pany. m * 
power of the kingdom of Great Britain. I now come 
to the history of the second colony of Virginia, other- See Part I., 
wise called the Plymouth company. It was so denomi- ter. 
nated because the principal proprietors of the corpora- 
tion were located at Plymouth in England. 

This company did not receive a patronage by 
any means equal to that of the other. It laboured 
under great disadvantages, not only from its own loca- 
tion, but the shores on which its settlements were to be 
made were cold, bleak, cheerless and inhospitable. 
Few men of rank, of opulence, or of enterprise, became 
interested in its transactions : And although it was 
established under similar charter provisions, and gifted 
with equal and like privileges with the first colony, it 
fell far behind the latter in the energy and efficiency 
of its efforts to accomplish the objects sought to be 
promoted by its incorporation. The first expedition 
under its auspices was fitted out in the year 1606, but 
the vessels employed were captured by the Spaniards, 
who then claimed the right to exclude all other nations 
from sailing in or navigating the American waters. 



198 THE GOVERNMENTAL HISTORY OF 

Part II. new England, 

First expe- Two more vessels, with one hundred and twentv 

dition of J 

the Piym- planters on board, were dispatched under the direction 
1606 C °"' of admiral Sir Raleigh Gilbert, in the month of May, 
Its second 1607. They formed an inconsiderable settlement on 
i607 dltl ° n ^ ie 11Yer Sagadahok, a small stream emptying into the 
Kennebeck river near its mouth : But becoming 
alarmed at the severity of the climate, the majority of 
them returned to England in the month of December 
in the same year, leaving behind them about forty-five 
men with Captain George Popham as their president. 
* Chief The inclemency of the climate, the ravages of disease, 
Popham. anc ^ * ne death of the principal patron of the company* 
in England, soon desolated whatever hopes of a settle- 
ment this adventure may have inspired. 
Results of The discouraging reports which were made of the 
ditions. country by those who returned prevented any new emi- 
gration, and no further plans were projected by the 
company other than to open a fishing and fur trade 
with the natives. 
Trading One of these trading adventures was commanded by 
under 1 ' Capt. Smith, a name proudly conspicuous in the early 
Capt. history of the colony planted by the London company. 
His inquisitive mind was not contented with carrying 
on a trade to the country without any further knowl- 
edge of its capabilities and extent than such as 
might be gathered from the untutored natives. He 
landed and spent some considerable time in exploring 
His expio- its resources. He drew a chart of the coast from 
repo r n t! and Penobscot to Cape Cod, made practical observations on 
its bays, harbours and rivers, its soil and productions. 
His representations of the country on his return to 
The coun- England so fascinated the then prince of Wales, after- 
namedT wards Charles I., that he bestowed upon it the name of 
New England. 

From this date that division of the continent which 
had been allotted to the London company was called 
Virginia, and that which had been assigned to the 
Plymouth company was called New England. 



THE UNITED STATES OF AMERICA. 199 

CAUSES WHICH LED TO ITS SETTLEMENT. PaRT II. 

But the interest elicited by the accounts given of the Severity of 
country by Capt. Smith, had no further effect than to diwjour*^- 
stimulate individual adventurers to prosecute the trade mgtocom- 

,.,,-, , . , , , . at mercial ad- 

which had been opened with the natives. JNone were venture, 
induced to emigrate, nor was the prospect of gain suffi- 
ciently encouraging to lure the company to attempt 
any settlement. Men could not be induced to abandon 
their homes, ease, comfort, or luxury, for the sake of 
an uncertain, or at least a distant advantage, either to 
themselves or to their country. The shores were too 
wild, the climate was too harsh, and the end too preca- 
rious, to inspire or to encourage a spirit of enterprise 
or adventure. 

Happily, however, for the interests of mankind, there 
was a spirit which could face all these difficulties, and 
endure all these sacrifices and privations ; which could 
brave any danger and welcome any disaster with the 
prospect, however distant or contingent, of accom- it 3 settle- 
plishing its purposes ; a spirit which, under whatever ment 
circumstances or in whatever clime, could still live and by the 
glow in the bosom of its possessor ; a spirit, whose rehvious 
exalted purposes were in part accomplished the very freedom, 
moment it alighted on this "wild and rock-bound 
coast" — It was a spirit which sought "Freedom to 
worship God." 

Freedom to worship God. — It is essential to the per-,. . . . 

1 L Origin of 

feet idea of human responsibility that the homage Romanism, 
which man pays to his creator should be individual, his 
own, and a free-will worship. Personal accountability 
could not otherwise be a part of a just economy of 
rewards and punishments. It was during the perilous 
passage of Christianity through the darkness, idolatry, 
and corruptions of paganism, that these, her cardinal 
revelations, were obscured, and she became encum- 
bered with those mythic rites and superstitions which 
were afterwards the basis of Romanism. Here were 
gathered the materials which enabled an artful or 
ambitious priesthood, so to interweave their own canons 



200 THE GOVERNMENTAL HISTORY OP 

Part II. new kngland, 

with those of the civil law, that the church by imper- 
ceptible degrees assumed the control of the offices of 
state, until at length the sceptre itself became tributary 
and subject to the will of the mitre. Such was the 
course of things when, early in the sixteenth century, 
Romanism tj ie Roman Catholic religion had risen to be the pre- 

in the six- . . r 

tecnthcen- dominant religion in England and on the continent of 
tury> Europe. Its seat was at Rome, its head was the pope, 
who sat supreme on his throne while all Christendom 
Supremacy bowed before his sovereignty and infallibility. He 
Pope. claimed, and he exercised, all temporal as well as all 
See Part I. spiritual power over all the world. He gave and he 
took away continents, kingdoms, islands and seas. He 
made and unmade kings. He established and over- 
threw dynasties. He directed and contracted, prohib- 
ited and dissolved at will, the alliances of princes. He 
dispensed forgiveness to crime and sold indulgences to 
vice. He gave to treason a dagger and forged for des- 
potism its chains. In a word, he arrogated to himself 
the attributes and prerogatives of Jehovah, and sat on 
earth as in the place of God. 
Condition In this era of papacy the art of printing, then but 
kind an " recently discovered, and which has since been produc- 
during the tiye f s0 much benefit to mankind, was suppressed. 

reign of n , - 

Papacy. Literature, learning, and the sciences, were prosciubed. 
The people were prohibited using or cultivating their 
faculties, by the fulminations of ecclesiastical censure, 
or the terrors of eternal damnation. A pall was thrown 
over all the powers of man. The human race was 
buried in more than Egyptian darkness; and the desti-* 
nies of the world seemed shrouded in inscrutable mys- 
tery. — Such was Romanism in the plentitude of its 
power, and such was the condition of the world under 
the supremacy of its rule. 
Origin of But meanwhile, in the secluded and lonely cloisters 
antisnf" °^ ** s C01ivents there was being nurtured, under provi- 
dence, a spirit whose destiny it was to overthrow the 
pompous hierarchy which had thus ascended the throne 



THE UNITED STATES OF AMERICA. 201 

CAUSES WHICH LED TO ITS SETTLEMENT. PART II. 

of the Caesars and invested itself with the sway of that 
once magnificent empire. Humble in his origin, hum- 
ble in his station, and still more humble in his piety, 
Martin Luther had performed with a fervid devotion 
and a scrupulous zeal, the duties devolving upon him 
as a priest of Rome, until he chanced to come in pos- 
session of a copy of the Bible. With eager curiosity 
and impetuous energy, he devoured its sacred pages. 
He imbibed its spirit, its faith, its hopes, its freedom. 
He deduced from its records and developed to the 
world, its grand cardinal revelations, the personal free- 
dom and personal responsibility of man in the eye of 
his Maker. 

This was the origin, and these mighty truths were Th e nature 
the basis, of what we now call protestantism. It em- ailt i sm . 
braces in itself elements which conserve the freedom 
and safety of the body politic as well as the body reli- 
gious; the prerogatives of the state and its officers as 
well as those of the church and her ministers; the 
rights and duties of the individual as well as the mass 
in all the relations of life. Holding up the Bible as 
his text book, and announcing these as its great truths, 
and claiming that it should be freely disseminated and 
freely read among the people, "Luther rushed boldly The protes- 
into the presence of the dignitaries of the Roman tan 5 ref ? r * 

1 ° mation m- 

church, protesting against their claims to power, andaugurated 
they quailed before his convincing arguments. He y ut er ' 
assailed the unscrupulous traffickers in indulgences 
and pardons and they fled discomfited from the field. 
.Summoned to appear before the Roman Legates at 
Augsburg, he instantly obeyed the mandate, appeared 
before them, protested against their authority, and his 
presence served only to stupify, confound, and baffle, 
his adversaries. The learned divines gathered them- 
selves in the halls of Leipsic ; but unawed by their pres- 
ence he boldly entered upon the discussion to which he 
was challenged, and the astonished theologians felt the 
weapons of their warfare fall powerless from their 



202 THE GOVERNMENTAL HISTORY OP 

Part II. new England, 



hands. The pope himself at length started from his 
slumbers and hurled his fiercest fulminations at the 
*See offending monk, but that same Bible and those same 
bl A nX truths, were the shield of him who trusted in them; 
Reforma- the arm of the spiritual despot was palsied, and the 
ion,vo. •^| irone f t | ie p 0n tificate trembled."* The triumph of 
Luther was the triumph of the Bible. The triumph of 
the Bible was initiatory to the triumph of human free- 
The Bibl dom, an( ^ S ave assurance to the world that protestant- 
and Pro- ism was destined to override all opposition, to subdue 
estantism. ^ e kings and princes of many lands, to reform and 
exalt the church as well as the state, the people as well 
as their rulers, and ultimately to bring freedom and 
peace to all the oppressed and suffering children of the 
earth. 
Progress The warfare against the church of Rome, thus com- 
seforma- fenced by Luther, soon spread itself throughout chris- 
tion in tendom, and many of the countries of Europe abjured 
her authority, and separated themselves from her com- 
munion. In some instances this rupture was sudden 
and violent, leaving no traces of the ancient supersti- 
tion, but adopting an entirely new form of worship, of 
doctrines, and of discipline. Such was the case with 
the institutes provided by Calvin and adopted in many 
of the estates of Germany. The simplicity of these, 
but more especially their hostility to the papal doctrines 
and ordinances, were so much admired by the more 
zealous of the reformers, that they were adopted in the 
United Provinces, in the dominions of the House of 
Brandenburgh, in those of the Elector Palatine, and by. 
the Huguenots of France. 
The refor- In England a different policy seems to have been 
England* P ursued > and tne progress of the protestant principles 
of the reformation was here more cautious and delib- 
erate. She abolished at first only those institutions and 
canons of Rome which were deemed more prominently 
repugnant to the principles of freedom, or savored too 
much of superstition, or of human invention. The 



THE UNITED STATES OP AMERICA. 203 

CAUSES WHICH LED TO ITS SETTLEMENT. PART II. 

changes in her ecclesiastical polity were likewise either The refor- 
retarded or accelerated accordingly as it suited the under Hen- 
various tempers, sentiments, aims, or even the caprices T 7 VIII « 
and passions, of her successive sovereigns. 

The first public announcement of the reformation in Destruc- 
England was made by that splendid and pompous pa- J[JJ£ wri "" 
geant wherein Henry VIII., attended by cardinal mgs, May 
Woolsey and his retainers, executed the "bull" of the ' 
Roman pontiff which directed the writings of Luther 
everywhere to be destroyed.* * D'Aug- 

The commendation bestowed upon the haughty nion- re f rma- 
arch by the pope for this demonstration of his loyalty tl0n - 
to Rome, excited in his bosom a thirst for future dis- 
tinction, and he now entered the field of personal con- 
troversy with the great reformer. He composed andcontro- 
published a book entitled A defence of the Seven Sacra-™™? of 
ments, against Martin Luther, by the most invincible vin., with 
King of England and France, Lord of Ireland, Henry, 
the eighth of that name. He sent a copy of it to the 
pope offering at the same time to draw his sword, if 
necessary, still further to defend the church of Rome 
from the heresies of the reformation. 

The pope, acknowledging the ability and pleased with Tribute 

the zeal of a prince whose adhesion to his cause was of from * he 

... P°P e to 
such vital importance to him in the impending crisis, Henry 

conferred upon Henry and attached to his crown, the 
distinguishing title of " Defender of The Faith :" But in 
doing so he was after all only raising up a more formi- 
dable source of antagonism to his own prerogatives of 
power. Elated with his triumph, and flattered by so 
signal a tribute to his ability, the vain and ambitious 
prince soon conceited that he was superior even to 
popes and cardinals, and claimed for himself and his 
crown the supremacy and infallibility which he had 
hitherto conceded to the pontificate. So elated did he Effect of 
become at length with the idea of spiritual soverei^ntv t , he new **" 

D r & J tie upon 

that he compelled the clergy in his own dominions to the King. 

acknowledge him as the protector and supreme head 



204 THE GOVERNMENTAL HISTORY OF 

Part II. new England, 

Under f the church and its ministers and priests, in Eng- 
yiil, land. 

1531. j> U £ ^ was n0 ^. a ] one his ambition for temporal or 

Bition P to° spiritual power -which prompted Henry VIII. to abjure 
the Pope, the supremacy of the pope. It was the more passion- 
ate desire of personal freedom from the restraints 
imposed upon him by his holiness, in his refusal to 
divorce him from his first wife Catharine, and to sanc- 
tion his marriage with the unfortunate Anne Boleyn. 
This it was that ruptured the last tie of his allegiance to 
Rome. He defied the Pope, desecrated the sacrament 
he had so ably defended, consummated the divorce and 
the marriage, and became himself in turn the object of 
as bitter fulminations as ever emanated from the Roman 
pontiff against the greater champion of the reforma- 
tion. He and his kingdom were alike excommunica- 
ted, and given over to the direst anathemas of the vice- 
gerent of God on earth. The separation from Rome 
was at length sealed, and the breach widened beyond 
Supremacy all possibility of healing, by an act of parliament which 
Crown es- declared and established the supremacy of the crown. 

tablished But although Henry thus severed his kingdom from 
bv lnw 

1534. ' all allegiance to Rome, and desecrated and abolished 
the monasteries established by the papal priesthood, and 
made other reforms in the ecclesiastical policy of his 
administration ; still, in order to sustain his supremacy 
in affairs of the state as well as the church, he found it 
Modified necessary to retain and adopt many of the canons and 
fo ^ moftnc ordinances of the Romish hierarchy. Hence it came 

reforma- * 

tion. to pass that the reformation in England in the outset, 

was simply a transfer, or exchange, of the supremacy 

of the pope for the supremacy of the crown. The 

spiritual as well as temporal prerogatives of the Roman 

Protestant- pontiff were wrested from him only to be vested in the 

ismandthc j.- n2;> j> u j. tne p ro testant element of the reformation 

crown s ° l 

Bupremacy. was as much in conflict with the supremacy of the sove- 
reign in matters of religion, as it was with the suprem- 
acy of the pope. A cardinal claim of the reformers 



THE UNITED STATES OF AMERICA. 205 

CAUSES WHICH LED TO ITS SETTLEMENT. PART II. 

was, that the Bible should be generally disseminated it claims 
among and freely read by the people. They so far suc-* f e t £; eU 
ceeded in establishing this point that a copy of it was Bible, 
directed, by act of parliament, to be suspended in 
every parish church for the use of the people, in 1540. 
This act was repealed again two years afterward; and 
the reason given for its repeal, as stated in the pream- 
ble of the repealing act, demonstrates how powerful an 
agent the Bible had become in liberating the human The Bible 
mind from the shackles of despotism, superstition and [^ e J£ 
oppression. The preamble recited — "that many sedi- edged 
tious and ignorant persons had abused the liberty grant- f^jom. 
ed them of reading the Bible, and that great diversity 
of opinion, animosities, tumults, and schisms, had been 
occasioned by perverting the sense of the scriptures." 

I have observed already that the triumph of the 
Bible was initiatory to the triumph of human freedom. 
Freedom of thought, freedom of opinion, freedom of 
the person and of speech, and freedom of worship, are 
its legitimate fruits. The personal elevation and im- 
provement of man necessarily follows familiarity with 
its revelations, its faith, its doctrines, its promises, and 
its hopes. No pope, no king, can be recognized as 
supreme and infallible, either in the church or the 
state, where the sacred volume is freely disseminated 
and read among the people. Hence it does not sur- 
prise us to know that Henry VIII., himself to some 
extent a reformer, persecuted even to tho last the 
reformers, and took the Bible from the people. 

Edward VI. succeeded Henry VIII., and being hiThere- 
his minority, the kingdom came under the protectorate Jq™^^. 
of the then Earl of Hertford, who, it is said, was favor- ward VI.. 
ably disposed toward the reformers, though not an 1547 ' 
avowed friend of the reformation. The establishment 
of a liturgy and an uniformity of worship, by act of 
parliament, during his protectorate, in conformity with 
the views of many of the reformers, had the appear- 
ance to the people of promoting the reformation, 



206 THE GOVEENMENTAL HISTORY OF 

Part II. new England, 

though it never touched the question, of the crown's 
supremacy. 
Succession Edward VI. died after a reign of about six years, 

lL?" 7 ' and Mai7 ' the dau S hter of Heni 7 VIII. by Catharine 
his first wife, ascended the throne. So far as the pre- 
rogatives claimed by the Eoman church and its head, 
affected his own power and prerogatives in his own 
kingdom, Henry, her father, was a protestant. But 
Herchar- "Mary was an avowed Eomanist. Obstinate, proud, 
rdgn. aUd ambitious, bigoted and selfish; violent, cruel and 
malignant ; revengeful, tyrannical and ill-natured, she 
cherished an inveterate hostility to the protestant 
reformers, which was embittered by the attempt made 
by the then Duke of Northumberland, their leader, to 
deprive her of the succession by placing the crown on 
the head of Lady Jane Grey. Her indignation was 
further roused by the opposition of her subjects to her 
* Humean( l marriage with Don Philip of Spain, and she made the 
Smollett, whole nation the object of her resentment."* 
Her bloody The butcherous and bloody persecutions of her 
tions of reign, whose instruments were the fire, the stake, the 
Protest- wheel, the gibbet, and the rack, convulsed the whole 
kingdom, and compelled many of the distinguished 
advocates of protestantism to fly from England. They 
were received with sympathy and found a more con- 
genial home in various cities of the United Provinces. 
A large number of them collected at Geneva, where 
they associated together under the institutes of Calvin. 
The re- On the accession of Elizabeth to the throne, and the 
on thVac- apparent ascendancy of protestantism, for Elizabeth 
cession of } ia( j t, een thoroughly educated in the principles of the 

Elizabeth, - , . -ra_ 1 j mi 

1558. reformation,* they returned again to England, with 
*Hume and deep-rooted hostility to those prerogatives of the crown 
Smollett. w i 1 i c ] 1 h a( i prompted their persecution, ardently at- 
tached to their own institutions and observances, and 
with strong inclinations in favor of a republican form 
of government. 

Their efforts, however, at a participation in the revis- 



THE UNITED STATES OP AMERICA. 207. 

CAUSES WHICH LED TO ITS SETTLEMENT. PART II. 

ion of the forms and observances of religion, and more The Re- 
particularly of what was called the liturgy, were un-J,^™* tlon 
successful. They found the queen not quite so liberal Elizabeth, 
and yielding in her views as her proclamations and 
promises had led them to expect. Proud in the con- Her revis- 
sciousness of her superior learning and abilities, as^^g & ® 
well as her accomplishments in the school of theol- of the 
ogy, she considered herself capable alone to undertake 
the task of expurgation. Guided in some measure, p u C yof 
perhaps, by principle, but more by policy, she sought Ellza beth- 
to conciliate the followers of Eome by retaining some- 
thing of the pomp and show of external worship, 
rather than to provoke their hostility by any abrupt or 
wide departure from the canons and ordinances of the 
papal hierarchy. 

But even the skillful policy of Elizabeth was not 
capable of adapting itself to the condition of her king- 
dom. Instead of conciliating the adherents of the 
Romish church, she found it necessary to recommend 
and adopt rigorous laws to secure her person and her 
crown against their treasonable designs, while the 
course she had already pursued towards them alienated 
from her the confidence of the reformers. Her fear of 
the former and her dislike of the political sentiments 
of the latter, infused a spirit of vindictive bitterness 
into her administration, which at length ripened into n er mto i_ 
extreme intolerance. At the first meeting of parlia- erance. 
ment after her accession to the throne, an act was 
passed vesting in her the whole spiritual power. She 
might alone and at her discretion " repress all heresies, 
establish or repeal all canons, alter every point of dis- 
cipline, and ordain or abolish any religious rite or cer- 
emony."* In the exercise of these prerogatives, she* Hume, 
devised a system of canons, discipline, and ceremonials, 
which was established as T7ie Clmrch of England, its The 
canons and forms being still subject to the revision of En"iand 0f 
the queen. In the further exercise of these powers, estab- 
she issued a proclamation prohibiting all preaching, and 1S e ' 



208 THE GOVERNMENTAL HISTOEY OP 

Part II. new England, 

The Re- limiting the services of the church to the reading of 
nTr* 1011 the gospels and ten commandments, without comment 

Elizabeth, or exposition, together with the litany and the Apos- 
tles' creed. These ordinances were opposed by the 
advocates of greater personal freedom in matters of 
religion, and the consequence was that many of the 
most distinguished and popular of the clergy were 
deprived of their benefices, fined, and imprisoned. 

The The doctrine of the supremacy of the sovereign in 

Crown s |j matters of religion was easily submitted to when 

supremacy ° J 

and Pro- the controversy existed only between the pope and the 

testautism. -r> j. 1 "j. t tj -l. i. 

crown. r>ut when it came to be applied as between 
the prince and the people, it assumed a far different 
aspect. The supremacy, therefore, of Rome on the 
one hand ; the supremacy of the crown on the other ; 
Parties and the non-supremacy of either as to the people, 
by U^ e formed the great dividing lines of parties during the 
reign of Elizabeth. This was in reality but the more 
tangible development of the true elements of freedom 
embodied in the protestantism of the reformation. 
The same spirit of liberty and independence which had 
prompted Henry VIII. from personal motives to pro- 
claim the crown independent of the pope, now led the 
people to proclaim themselves independent of the 
crown in all matters of religion. The intrepid 
avowal of this liberty by the more zealous of the 
reformers, and their earnest determination to maintain 
it at all hazards, provoked the bitterest hostility of the 
crown, and agitated parliament to its very centre. A 
court was erected, called " The High Commission for 
Ecclesiastical Affairs," whose trials were sumniary, 
whose decisions were arbitrary, and whose inflictions 
- were almost as odious and cruel as the penalties of the 
inquisition. Confiscation, deposition, banishment, im- 
prisonment and death, were among its pains. These, 
it is true, were inflicted mostly on the plea that the 
zealous hostility of the reformers to the religious estab- 
lishment amounted to treason against the crown. And 



THE UNITED STATES OF AMERICA. 209 



CAUSES WHICH LED TO ITS SETTLEMENT. PaKT II. 



so it might, and the sagacious mind of Elizabeth prob- The re- 
ably foresaw that there was a political element inherent for ™ ati on 

. . under 

in the protestantism of the reformation which might Elizabeth. 
one day weaken the secular arm of the sovereign, if it Protest- 
was not even then undermining its power. The dim- antlsm and 

. * supremacy 

culty was, that the civil and ecclesiastical administra- inherently 
tion of the kingdom were so intimately blended, that a ostl e " 
reform could not be sought in the one, without essen- 
tially opposing, or perhaps even advocating the over- 
throw of the other. 

But having reviewed it sufficiently for our present 
purposes, we must here leave the general subject, and 
turn our attention to that small and devoted band, of 
more humble and less erring piety, who chose rather 
to seek an asylum where they might follow the dictates 
of their own consciences without fear of provoking the 
inflictions of intolerance, or offending against the civil 
administration. 

Though the reformers generally agreed in the senti- Parties 
ment of opposition to the prerogatives claimed for the anion s the 

reformers 

crown in matters of religion, there still existed a variety 
of opinions among them respecting the authority of the 
church and her ministers ; and the order and discipline 
of religious organizations. Parties were formed and 
sects originated, which, in different degrees, claimed 
also the right of association independently of the will 
of the priesthood, or the enactments of parliament. 
This, perhaps, was the first phase in which the pro- 
testantism of the reformation developed itself in op- 
position to the political administration of the king- 
dom. The tenets held by the most prominent 
of these associations were reduced to a system by The 
one Robert Brown, a well educated and popular B ™ wni8ts ' 

1 ^ their 

preacher, under which he collected together a large tenets, 
number of followers. He taught that the Established 1586 * 
Church was itself corrupt, antichrist, that its ministers 
were unlawfully ordained, that its discipline, its ordi- 
nances, and its sacraments, were alike unscriptural 

and invalid, and prohibited all communion with it : 
14 



210 THE GOVERNMENTAL HISTORY OP 

Part II. new England, 

The re- that the scriptures taught that any association of chris- 
uS? 1011 ti ans > meeting to worship God, and united for that pur- 
Elizabeth, pose, constituted in and of themselves a church, having 
exclusive control over all its affairs independent on 
any other sect or society, and amenable only to the 
great head of the church, Christ — that the priesthood 
was not a distinct order in the church — that the office 
itself did not confer any superior privileges or sanctity 
The of character — that any man, qualified to teach, might 

Brownists, ^ e chosen from among the brethren for that purpose, 
tenets. and set apart to those functions by the laying on of 
their hands — that for cause shown he might also be by 
them deposed, or discharged from the ministerial office. 
He further insisted on a public profession of faith, and 
that the general affairs of the church, thus constituted, 
should be regulated by a majority of his members. 
Treatment -^ needs scarcely a moment's reflection to understand 
of the ] 10W a system so democratic in its principles, and ad- 

Brownists. .. , ,., , o -,• • ■>• iij-i, 

mitting such a liberty ot discipline, was calculated to 
provoke all the odium of the civil as well as the ec- 
clesiastical jurisdiction of the kingdom. Doctrines 
esteemed so heretical and so damning, so wholly sub- 
versive of all the received and cherished maxims of 
government, could not be tolerated. Accordingly full 
and heavy were the vials of wrath poured out upon 
their devoted advocates. To render their situation still 
more embarrassing, their leader, Brown, was induced to 
* Butler's abandon them and conform to the Established Church.* 
KoKon. J am tlms particular in noting the origin of these 
different sects or parties, because they have each and 
all contributed to give an indelible hue to the complex- 
ion of the governmental history of New-England. We 
may easily trace ' their quickening energy in the politi- 
cal regeneration of the old world, but it would be diffi- 
cult for the historian or the philosopher to define the 
limit to their influence in moulding, shaping, nurturing 
and establishing, the institutions of civil and religious 
freedom throughout our own land. 



THE UNITED STATES OF AMERICA. 211 

CAUSES WHICH LED TO ITS SETTLEMENT. FART II. 

The accession of James I. to the throne did not at The ac- 
all abate the rigor of the ecclesiastical policy adopted ^mXl, 
by Elizabeth. He persecuted, imprisoned, and ban- and the 

reforms." 

ished. The followers of Brown, now called brownists, t i 0n , 1603. 
or independents, were made the special objects of his 
intolerance. To avoid its increasing fury they were 
compelled to flee from their native country, as they ex- 
pressed it, to enjoy purity of worship and liberty of con- 
science. 

They sought refuge in Holland, where alone of all the The 
countries of Europe fall freedom of opinion in matters fle r ° ^" 1S s 
of religion was now tolerated.* They went to Amster- Holland, 
dam, where they were afterwards joined by the Rev. ^ g llsoa s 
John Robinson and others. They placed themselves 
under his pastoral care and subsequently removed with 
him to Leyden, at which place they were established as Are joined 
a congregational church. Here the learning, piety, sonandre- 
mo deration and accomplishments of their pastor, and m ° y c to 
their own exemplary living, secured to them for several i609. en> 
years a prosperous tranquillity. They gained the con- 
fidence and the good-will of the people, and but for 
fear of offending England would have received signal 
demonstrations of the public favor.-}- A few of their t Winter- 
number, not finding their situation altogether con- ° am * 
genial in so phlegmatic a neighborhood, began to grow 
discontented, when the settlements which were being 
planted in America by the first colony of Virginia drew T . he y be - 
their attention to the newly discovered country. They former? 
at once regarded that as a field opened by providence ™ j^ n " 
for the accomplishment of their purposes. There they 
could plant their church, and propagate their doctrines, 
both of faith and discipline, beyond the reach of eccle- 
siastical usurpation. Now too, an opportunity was pre- 
sented for them to evince to an astonished world " what 
manner of spirit they were of." They were not to be 
deterred by dangers or daunted by difficulties. They 
were not men whom trifles could discourage, or disas- 
ters and hardships overcome. Nor were they of that 



212 THE GOVERNMENTAL HISTORY OP 

Part II. new England, 

The sickly sentimentalism which would forego the accom- 

inTevden pigment of exalted purposes, rather than break away 
resolve to from the ties and endearments of home, of kindred, or 
America, of country. By eleven years of banishment they " were 
1616-18. we n weaned from the delicate milk of the mother 
country, and inured to the difficulties of a strange land." 
To those of their number who hesitated they said, " the 
difficulties we may have to encounter are not invincible, 
and may be overcome by fortitude and patience. The 
ends we propose are good and honorable. The calling 
is lawful and urgent. The blessing of God may there- 
fore be expected. We live but as exiles now, and are 
in a poor condition. The truce with the Spaniards is 
hastening to a close. Nothing but preparations for 
war are going forward. The Spaniards may be as cruel 
as the savages, and pestilence may be as sore in Hol- 
land as in America." 
They apply In pursuance of this resolution they made an appli- 
Pi - he th ca ^ on t° the second colony of Virginia, or the Plym- 
Coiony for outh company for a grant of land within the limits 
I6 g i8. n ' °f it s patent, to be accompanied with a license under 
the seal of the crown giving them permission to settle 
in America, and " to practice and profess religion in the 
mode which, by the dictate of their own consciences, 
they had adopted." James refused to give them any 
The appli- sucn assurances of toleration, although he did not oth- 
cation how erwise discourage the contemplated adventure. His 

discourag- " . ...... , 

ed. refusal to accede to their wishes in this respect, how- 

ever, deterred them from undertaking it. At a 
later period, finding the causes of discontent with their 
residence in Holland increasing, they consented to ac- 
cept a grant from the company without requiring the 
The appli- proposed license from the crown. They embarked 
newed re ~ at I^ft Haven, in number about one hundred and 
1620. one souls, on the twentieth of September, 1620, and 
Embarka- touched at Plymouth in England, where they procured 
tion from their grant from the company, and proceeded on their 

Hollaed, ° « tt * » • £. '-,. 

Sept. 1620. voyage thence tor Hudson s river. By some design on 



THE UNITED STATES OP AMERICA. 213 

CAUSES WHICH LED TO ITS SETTLEMENT. PART II. 

the part of the captain of their vessel, supposed to have Their am- 
been instigated by the Dutch who claimed a right America, 
and were about to send there a colony of their own, or Dec. 1620. 
by the company in England, contrary to their own 
wishes and intentions, they were conveyed far to the 
north near Cape Cod.* Here they found themselves * Robert- 
beyond the limits of the company's jurisdiction from teSotham 
whom their grant was obtained, but the season had now Butler, 
so far advanced it was thought inadvisable again to put 
to sea. Having appointed John Carver, one of their 
number, governor for one year, they proceeded to ex- 
plore the coast in order to select a favorable spot for a up0 n the 
settlement. On the tenth day of November they floated coast of 

J J New-Eng- 

into a commodious bay, where they afterward landed laud. 
and planted their new home. 

Planted their home ! — From the proud eminence on 
which we now stand, there is not in the whole range 
of historical observation, a more sublime or interesting 
spectacle than is presented in the history, the character, 
the condition, and the purposes of that small band of 
exiled emigrants to these shores. Neither the records 
of human enterprise, or of human adventure, present 
any parallel like this. The wildest vagiaries of fiction 
cannot equal it. One hundred and one persons, in 
one frail vessel, embarking for an unexplored country 
four thousand miles distant from all civilized society ! 
Home, kindred, country, abandoned ; the hardships of 
a voyage over an unknown sea encountered ; life itself 
periled ! — and for what ? They are poorly clad, and 
the shores on which they have landed are bleak with Their con- 
the chill winds of a rigorous winter. Their numbers purposed 
are few, and they are surrounded by numerous savage 
and hostile tribes. They are indifferently supplied 
with the necessaries for subsistence, and they tread an 
uncultivated and a frozen soil. The bark which 
brought them hither still floats by the shore, and the 
home they have left is still open to their return — and 
why do they remain? Is it gold? Is it gain? Is it 



214 THE GOVERNMENTAL HISTORY OP 

Part II. neat England. 

The fame ? Is it conquest ? Is it plunder ? Is it any one 

inNew StS or a ^ °^ these that they see k • — Let themselves and 
England, the sequel of their history answer. 

1620 

Before they landed, they drew up the following 
compact : 



Their com- " In the name of God, Amen. We, whose names are 
govern- underwritten, the loyal subjects of our dread Sovreign, 
ment. King James ; by the grace of God, of Great Britain, 
France and Ireland, Defender of the Faith : having 
Motive of undertaken, for the honour of our king and country, 
their visit. a voyage to plant the first colony in the northern parts 
of Virginia, do by these presents, solemnly and mu- 
tually, in the presence of God and one another, cove- 
nant and combine ourselves together a civil body 
Thecov- politic, for our better ordering, preservation, and fur- 
therance of the ends aforesaid ; and by virtue hereof, 
do enact, constitute, and frame, such just and equal 
laws, ordinances, acts, institutions and offices, from 
time to time, as shall be thought most meet and con- 
venient, for the good of the colony ; unto which we 
promise all due reverence and submission. 

November 11th, 1620." 
"Witness, &c. 



Their set- This compact was signed by forty-one individuals, 
tlement. f or themselves and families. I have already observed 
that no provision had been made in their patent from 
the company at Plymouth, which contemplated a land- 
Their em- ing so far to the north. This circumstance, seemingly 
mentffa- so trivial and untoward, had an important bearing 
vorabie to upon their interests and the objects of their enterprise. 

their ad- TT . . . *, , 

venture. Having landed in a section of country where no au- 
thority of the crown had prescribed any special regu- 
lations, and beyond the reach of the grant they received 
from the company, they felt themselves more at liberty 
to adopt a plan of their own to govern their infant 
community ; and on this desolate and dreary spot, by 



THE UNITED STATES OP AMERICA. 215 

THE COLONY OF NEW PLYMOUTH. PART II. 

this small band of neglected, despised, persecuted and 
betrayed exiles, was laid the foundation — " not of one 
institution, but of all the institutions, the settlements, 
the establishments, the communities, the societies, the 
improvements, the governments, this day comprehended 
within the broad and happy borders of New England."* * Edward 
They styled themselves The Colony of New Plym- ?/ erett \. 

J J Name of 

outh, and erected a government vesting the adminis- the colony, 
tration in a governor and one assistant, to be elected 
annually by the colonists. They provided also for a 
general assembly of the people to deliberate on allgovem- 
matters of common interest, when every freeman, m , en ' . aud 

' J ' adminis- 

being a member of the church, was permitted to vote, tration. 
The common law of England was their general guide 
in matters of legislation, but most of their juridical 
system and their municipal regulations, were borrowed 
from the institutes of Moses ; and they adopted the 
principle of a community of goods, in imitation of the 
early christians. 

It is a noble sentiment to be cherished by the citizen 
of an enlightened christian nation, one which enkin- 
dles the ardour and inspires anew the devotion of the 
patriot, that heaven smiled on the foundation of his 
country, and that its care has protected and still fosters 
her liberties and institutions. There is no other nation 
since the dispersion of the favored people of God, 
whose history presents so many and such irrefragable Providen- 
proofs of an over-ruling providence as our own. The tial inter " 
interventions of an omniscient agency are manifest 
even from the very cradle of her existence, and the 
christian historian cannot regard them with silence or 
indifference. As I have already remarked, the number 
of this band of adventurers, this germ of a future 
nation, was small, consisting now of about one hund- 
red and three persons, male and female, old and young. 
Before the spring arrived, nearly half their number 
perished, either through exposure to the inclement 
clime, or by famine, or by disease. The survivors, 



216 THE GOVERNMENTAL HISTORY OF 

PAUT II. NEW ENGLAND. 

Condition afflicted and enfeebled, hardly able to provide for their 
onists in° " owu sustenance, were in danger of extermination from 
their new the hostility of the natives. 

1620-21. We- close, for one moment, the volume of history 
and ask — what shall be their fate ? Where in the wide 
range of human probabilities can they look for succor 
or assistance ? Diminished in numbers, wasted by 
famine, debilitated by sickness, without the ordinary 
Danger of means for defence, four thousand miles removed from 
tuon'by'the civilized society, how shall we calculate the chances for 
Indians, their preservation ? They may indeed stretch their 
aching eyes over the expanse of waters Which rolled 
between them and the home of their kindred, hope 
they were not forgotten, and listen for a response as 
they breathed the Macedonian cry, " Come over and 
help us!" But in vain, all such expectations were 
delusive. Their kindred knew not their destiny. The 
opulent, the honorable, the powerful, or the mighty, 
cared not for them, or enquired as to their fate. How 
now pre- then shall they be preserved ? We open again the 
volume of history, and find the record of their deliver- 
ance written in these words — "a pestilence appeared 
among the Indians, whose fearful ravages swept off 
entire tribes in a very few weeks, and those which 
remained were easily brought to terms of amity and 
conciliation." 
Their reli- Still it required all the consolations which the Bible 
strength, could furnish to sustain them amid the trials which 
they were called to encounter — And these were suffi- 
cient. The undisturbed enjoyment of their religion, 
their true faith and their unwavering confidence in the 
future, enabled them to battle against all difficulties 
with an unparalleled firmness : And so they persevered 
with a calm resignation and unconquerable patience : 
With heroic fortitude and unfailing virtue they showed 
themselves equal to the trust committed to them. 
Others might smile at their folly and compassionate 
their weakness, but to the eye of their faith it was 



THE UNITED STATES OF AMERICA. 217 

THE COLONY OF NEW PLYMOUTH. PART II. 



revealed as with the light of a sun-beam that they were 
planting the home of civil and religious liberty for the 
benefit of all mankind. Thus trusting and believing, 
they lived and prospered, and soon subdued this inhos- 
pitable country so that it yielded them a shelter, and 
in time a comfortable subsistence. At the close of the 
fourth year their plantation contained one hundred and 
eighty persons, thirty-two dwelling-houses and " a fort 
composed of wood, lime and stone, with a tower upon 
it, which was erected on a mound in the centre of the 

town"* * Marshall. 

In 1625 the Rev. John Robinson died at Leyden, and Further ar- 
the remainder of his congregation subsequently joined Ley den ° m 
their brethren in New Plymouth. Having as yet re- Holland, 
ceived no title to the settlement which they occupied, 
they at this time made an application to the grand 
council of Plymouth, and obtained from them a grant Grant from 
of land, but without any charter of incorporation from co'uncii^t 
the crown. Quiet and unmolested, more peaceful and Plymouth, 
tolerant than the settlements which grew up around 
them, they remained under the constitution of govern- 
ment which they had at first adopted — a voluntary 
association governed by laws and magistrates of their 
own choosing — until the year 1634. f when they were f Robert- 
brought under the general jurisdiction of the Massa- ^ ^s 
chusetts Bay company. The history of this company Mather's 
must now claim our attention. gnaia. 



The colony of New Plymouth, as we have seen, was origin of 
not settled under the auspices of the second colonv of H ie Massa * 

1 J chusetts 

Virginia, although it was planted on the territory com- Bay Co. 
prehended within the limits of its jurisdiction in Amer- 
ica. That company had indeed made no laudable, 
hardly any noticeable efforts to improve the condition 
of the country. Accordingly James I. issued a new 
patent to the then Duke of Lenox, the Marquis of 
Buckingham, and others, confirming to them a still 
more liberal grant of territory, powers and privileges, 



218 THE GOVERNMENTAL HISTORY OP 



Part II. NEW England, 



Patent of than were conveyed to the former patentees ; and with 
• establish- provisions similar to those contained in the new patents 
ingthe granted to the first colony of Virginia.* This new 

Grand J ° 

Council of company was styled The Grand Council of Plymouth 

NotT^' for planting and governing New England. This 

1620. ' patent conveyed to the patentees "all the territory 

ParTl between forty and forty-eight degrees N. L. And in 

length of and within all the breadth aforesaid through- 

+ iHist. out the main land from sea to sea.f" The motive as- 

cribed to James I. in making this grant to persons whose 

wealth, rank, and influence, seemed to promise a more 

speedy accomplishment of the objects contemplated in 

establishing the former company, was a desire to prevent 

the occupation of the country by men professing the 

sentiments and bearing the name of the puritans. 

Distinction The na mes puritan and brownist are indiscrimi- 
between x 

the Pun- nately used by historians : And although there was a 
Brownists similarity in some of the essential features of their 
respective plans of church order which would seem to 
excuse the error, yet it is well known that the former, 
with a large proportion of the non-conformists, repealed 
many of the laws and ordinances of Brown. It should 
be borne in mind too, that the term puritan did not 
originate in England until after the brownists went to 
X 1603-4. Amsterdam. $ The latter were afterwards merged into 
an association called congregationalists under the pas- 
toral care of the Rev John Robinson, and removed to 
Leyden, whence they came to New England, and, as we 
have seen, established the colony of New Plymouth. 
Origin of "When Henry VIII!" defied the pope in the matter of 
cahedPu- n * s marriage with Anne Boleyn,§ though he was 
ritans. prompted by an unholy purpose, it was nevertheless an 
Part i^* assertion of personal freedom and independence extreme- 
ly hazardous to his own prerogatives of political power. 
It was an avowal of personal liberty and personal 
responsibility which opened the way for as bold an 
assertion of personal independence among his own peo- 
ple. No matter how rapid or how tardy" how free or 



TEE UNITED STATES OP AMERICA. 219 

AND THE GRAND COUNCIL OP PLYMOUTH. PART II. 

how fettered on its way, the progress of the protestant Origin of 
element of the reformation had already raised the indi- th ®. s ? ct 
vidual man in the scale of human estimation, and Puritans, 
opened to his contemplation and his hopes new views 
of his importance and his responsibility, his rights and 
his duties. Hence the exorbitant prerogatives claimed 
for the crown, as well as for the church and its minis- 
ters, were considered in their bearing not only upon the 
religious freedom, but also upon the personal and polit- 
ical liberties of the subjects. To these sources we must Protestant 
refer the origin of those various factions, political and {hj reforni- 
religious, which agitated the kingdom when James I. as- ation in 
cended the throne. I shall have occasion hereafter to n ° a ' 
refer to the former, and as to the latter it is sufficient here 
to remark, that from among them there arose two parties 
of protestants, both alike hostile to the papal authority, 
but differing widely as to the mode and the distance of 
their separation from its doctrines and its discipline. 
The one were the followers of Luther, the other of Calvin. 
The one became embodied in the English church, and 
the other composed the great body of dissenters who, 
variously and in different degrees, repudiated the order 
of ministers, ceremonials, institutes and canons, derived 
from Rome. Among the latter there was a party or 
sect, who held that the crown was no more the head of I 
the church than the pope — that the church of England 
was itself papal and unlawful — that the authority 
claimed for her prelates was contrary to the freedom 
of the Bible — and that her offices, courts, and canons, 
were alike unwarranted by the word of God : They 
regarded all these as human assumptions, or imposi- 
tions of the clergy, or corruptions and inventions which 
had crept into the church subsequently to the days of 
the Apostles, and refused to conform to them. Hence 
they were called separatists or non-conformists. From separatists 
the zealous and intrepid perseverance with which some and non - 
of them adhered to the Bible as the only rule of faith fets. 
to man, and opposed these various claims and innova- 



220 



THE GOVERNMENTAL HISTORY OP 



Part II. 



NEW ENGLAND, 



Origin of 
the sect 
called 
Puritans. 



* Hume. 



The politi 
cal ele- 
ments of 
Puritan- 
ism. 



James I. 
and the 
Puritans. 



tions, contending for their total abolition and the 
restoration of " scripture purity," they were called 
puritans. 

Princes and learned prelates, churchmen and bigots, 
a jealous priesthood and a prejudiced or ignorant laity, 
may think and speak of them as they will, but we 
have high historical authority for saying " that the pre- 
cious spark of liberty was kindled and preserved, in 
defiance of the absolute authority claimed for the church 
and the crown, by the puritans alone. And it is to 
this sect, whose principles appeared so frivolous, and 
whose habits so ridiculous, that the English owe the 
whole freedom of their constitution."* The truth of 
history authorizes us to add, that to the same sect or 
party we owe the whole freedom of our own federal 
constitution, and every other constitution in our land. 
They were the first to dcvelope in their platform of 
principles the political elements of protestant freedom. 
Theirs was indeed the purity of protestantism. They 
claimed openly and distinctly, and they proved by prac- 
tical reasoning and irresistible logical demonstration, 
that religious liberty and civil liberty were correlative 
and co-existent. That the one could not be fostered 
in its purity independently of the other. That the 
right to freedom of conscience and freedom of worship, 
necessarily involved the right of personal and political 
liberty. 

Before James I. ascended the throne he had taken 
considerable interest in the spread of protestant princi- 
ples, and regarded the cause of the reformers generally 
with peculiar care. He had subscribed his name to the 
Scotch national covenant, had interceded for the per- 
secuted clergy, and had even denounced the services of 
the established church as an evil-said mass in English. 
But no sooner had he received the crown and tasted 
the prerogatives of supremacy, than he forgot his own 
pledges, forgot the relation and rights of the subject, 
and became a violent persecutor ; and he was more par- 



THE UNITED STATES OF AMERICA. 221 

AND THE GRAND COUNCIL OF PLYMOUTH. PART II. 

ticularly violent towards the puritans. With a show His con- 
of justifying his conduct, under the specious pretence w " L j. d3 " 
of combating their political as well as religious notions, them. 
he consented to hold disputations with them at Hamp- 
ton Court. The more furtive motive, however, was to 
ascertain who were their more powerful and prominent 
champions, that he might visit upon them the fury of 
his resentment ; peradventure he might thereby dis- 
pirit and disperse their followers. But finding that 
these discussions served more to magnify their import- 
ance and to increase their numbers, he resorted to open 
persecution, and the whole power of his crown was ex- 
erted to exterminate them. At this crisis the prosper- 
ous condition of the small colony already planted at 
New Plymouth in America attracted the attention of 
the puritans in England. They saw them removed far The Puri- 
beyond the reach of the cruelties of intolerance, an dpo™ p t r °„ 
determined to seek an asylum on the same shores, where to New 
they, too, might enjoy their faith in freedom and full a 
security. 

But James foresaw or apprehended the consequences 
should they be permitted to plant themselves independ- 
ently in America, and incorporated the new company to 
which we have referred, under whose superintendence 
and control it was intended to bring the settlers of New- 
England. By this new patent the charter of the orig- 
inal Plymouth company was renewed and the privileges 
of the corporation were enlarged. But although it 
Was endowed with such liberal prerogatives, all its at- Failure of 
tempts at colonization were unsuccessful. The patent {^the en 
conferred a monopoly of trade within its limits, and of grand 
fisheries in the adjacent seas. These provisions were Plymouth, 
complained of by the merchants and traders in Eng- 
land, were censured in parliament, and finally relin- 
quished by the patentees, who in consequence aban- 
doned the project of settling the country. "Thus" 
says Dr. Robertson, " New England must forever have 
remained unoccupied if the same causes which occa- 



222 THE GOVERNMENTAL HISTORY OP 

Part II. new England, 

James fa- sioned the emigration of the puritans (Brownists or 
location Plymouth settlers) had not continued to operate." It 
of the pu- was doubtless a like conviction which induced the 
conse- crown to acquiesce in the grant of a charter to them, 
quence. j? or although they had made repeated applications, 
it was not till after this second company, which had 
been instituted for the express purpose, had aban- 
doned all idea of a further attempt at a settlement of 
the country, that their application was at all respected. 
Death of James I. died in 1625, and the execution of the code 
an™ sue- he had devised for the government of his colonies in 
cession of America was left to his son and successor, Charles I. 

Charles I., . 

1625. Soon alter the accession of Charles 1. through the 

See Part I. efficient instrumentality of the Rev. Mr. White, an 
association was formed of men professing the senti- 
ments of the puritans, who obtained from the grand 
Grant from council at Plymouth, a grant of territory in New Eng- 
counciTto l an d " extending from three miles north of the river 
the puri- Merrimac, to three miles south of Charles' river, and 
March 19, from the Atlantic to the South Sea," or indefinitely 
1627. m ^ £] ie interior of the country. This patent was exe- 
cuted to Sir Henry Roseville and others. They fitted 
out an expedition under Capt. John Endicott and 
Settlement planted a settlement at Nahumkeck, now Salem, in the 
of Salem. montn of September following. 

Elements The elements of political liberty embraced in the 
of popular protestantism of the puritans rendered it necessarily ag- 
puritanism gressive and impatient of restraint. It waited not for 
to^ts able tne f u U development of hostility to its principles before 
growth as it assailed the barriers which stood in the way of its 
par 7 " progress. And as its legitimate and inherent tendency 
* was to an ultimate separation of church and state, it 
drew to its support, if not within the fold of its parti- 
zanship, many men of rank and opulence who yet 
cared not to concern themselves about its religious pe- 
culiarities. These were not the open or avowed advo- 
cates of its sentiments, but yet had sagacity enough to 
foregather from the arbitrary and reckless reign of 



THE UNITED STATES OP AMERICA. 223 

AND THE MASSACHUSETTS BAY COMPANY. PART II. 

Charles L, that an asylum for freedom could not too Puritanism 
soon be planted on the distant continent of America. ^ytiiehos- 

Parliament itself began to be disturbed by the convul- **% of 

• tit n , the crown, 

sive throes which now agitated the heart ol the people, 

and by its discussions and enactments was drawn into 
the whirlpool of those discordant factions which were 
revolutionizing the kingdom. As the progress of puri- 
tanical sentiments became thus more rapid and ram- 
pant, hostility to them became more violent and viru- 
lent. Hence the more humble and devoted of their 
advocates became more eager to escape from the cru- 
elties of a self-defensive intolerance, on the part of the 
church and the crown. 

But most of them were without the means necessary The politi- 
to carry out their purposes of emigration, and they ™ e * t * " of 
applied to their more opulent and influential friends to puritanism 
aid their enterprise. These, as I have intimated, were t0 their 
governed more by political aims, and were unwilling to P ur P ose of 
rely upon a grant derived from a company whose power tiont 
to transfer political privileges they at least questioned. 
They therefore proposed to the proprietors of the grant 
already obtained from The Grand Council at Plymouth, 
to apply directly to the crown for a patent which should 
include them by name, and invest them with full cor- 
porate powers, with the privilege also of locating the 
company in London. They accordingly applied for and 
obtained from Charles I. a patent containing the re-TheMassa- 
quired provisions. They were established under it asB ay c om . 
a body politic and corporate by the name of The Gov- P an y incor - 

ERNOR AND COMPANY OP THE MASSACHUSETTS BAY IN March 4, 

Ne^ England. 1 629 - 

This charter, after reciting former grants of the same General 
territory to former companies, invested the new com- ^^ 1S1 ? US _ 
pany with power to acquire and convey lands, to have ter. 
a common seal, &c. Its administrative powers were 
vested in a governor, deputy governor, and eighteen 
assistants in London, who were in the first instance 
named by the crown, and were annually thereafter "to 



224 THE GOVERNMENTAL HISTORY OF 

PAKT II. NEW ENGLAND, 



The Mass. be from time to time constituted, elected and chosen, 
incorpora- ou t of the freemen of the said company for the time 
cf V I being." The legislative powers of the company were 
March 4, ' vested in the whole body of the proprietors, who were 
authorized "to make, ordain, and establish, all manner 
of wholesome and reasonable orders, laws, statutes, and 
General ordinances, directions and instructions, so as such laws 
of the char- an( l ordinances be not contrary or repugnant to the 
ter - laws and statutes of the realm of England." Lands 

were to be holden by the company, and by the purchas- 
ers and settlers under them, by the most liberal condi- 
tions of tenure, "in free and common soccage and not 
in capite or by knight's service, yielding to the crown 
one-fifth part of all ore of gohl and silver." 
Quorum The governor, deputy governor, with seven assistants, 
actingbusi- constituted a quorum for the transaction of business, 
ness. "f or the better ordering and directing of their affairs;" 

for which purpose they were to meet once a month, "or 
General oftener at their pleasures." The body of the proprie- 
sessions tors constituted the general court of the company, 



and pow- w bi c b was to meet four times a year, "upon every last 
Wednesday in Hillary, Easter, Trinity and Mich'as 
Terms respectively; " for the purpose of admitting free- 
men to the freedom of the company, electing officers, 
and enacting laws and ordinances for its government 
and the government of its plantations in America. 
Power was also given to the patentees to transport all 
persons and things, " without paying custom for seven 
years," except such as should thereafter "by special 
name be restrained by the crown, its heirs or success- 
Exemption ors." The company and settlers were also exempted 
andim- f rom a ll taxes and imposts in New England for seven 
posts. years; and for twenty-one years from imposts on ex- 
ports except five per ct. after seven years. "All sub- 
jects inhabiting in the lands granted, and their children 
which shall be born within the plantation, to have and 
enjoy all liberties and immunities of free and native- 
born subjects of England." " The governor and deputy 



THE UNITED STATES OF AMERICA. 225 

AND THE MASSACHUSETTS DAY COMPANY. PART II. 

governor of the company for the time being, or either incorpora- 
of them, and any two or more of the assistants there- Charles I., 
unto appointed by the said governor and company, at ^*™ h 4 > 
any of their courts, are fully empowered and required 
to administer the oath of supremacy and allegiance, or Oath of 
either of them, to all and every person or persons, which and a n e . 
shall at any time hereafter go or pass to the lands S iauce - 
and premises hereby mentioned to be granted to inhabit coioniai' 
in the same."* Records. 



Historians have speculated a good deal upon the sup- 
posed readiness with which the king granted to this 
company a patent containing such liberal powers and 
privileges, or, as they express it, "so free from the 
restraints which had hitherto been imposed by the 
crown." Wilson tells us that it was "a desire to re- Motives 
lieve his kingdom from the religious and political agita- j™ f^ nt " 
tions of the puritan party by opening for them an assy- charter as- 
lum in a foreign land." This was the very opposite of Historians. 
the motives ascribed to James I. in refusing to grant a See Part I. 
similar application made by the puritans themselves, 
and is at variance with the subsequent interdict of the 
same monarch. Bancroft reasons, — that "the patent- Bancroft, 
ees could not foresee, nor the English government 
anticipate, how wide a departure from English usages 
would grow out of the emigration of the puritans to 
America." This may be strictly true as a matter of 
fact, and still it does not reach the question at issue. 
He says farther — "the charter, according to the strict 
rules of legal interprefation, was far from conceding to 
the patentees the freedom of religious worship." This 
also may be true, and still it does not help to decide 
the matter in controversy, the motives of the king in 
granting the charter. Grahame says, " By the puritans Grahame. 
and the puritan writers of that age, it was sincerely 
believed, and confidently maintained, that the intend- 
ment of the charter was to bestow on the colonists 
unrestrained liberty to regulate their ecclesiastical con- 
15 



226 * THE GOVERNMENTAL HISTORY OP 



Part II. 



■«EW ENGLAND, 



Motives stitution by the dictates of their own judgment and 

ingthe consciences." The difficulty with this supposition is, 

charter as- that "the puritan writers of that age" did not specu- 
signed bj . * D * 

Historians, late upon the nature of the charter until years after the 
period when it was issued, and the puritans themselves 
were not placed in a condition to call for a controversy 
about its particular provisions until after the company 
to which it was granted had forfeited it to the crown, 
and they attained to the position of a colony in Ameri- 

Robertson. ca. Dr. Robertson says, " the king seems not to have 
foreseen or suspected the secret intention of those who 
projected the measure;" and of this we have no doubt, 
as we have already intimated in the text. But to the 
point at issue. It is conceded on all hands, and the 
fact is so, that the charter did not contain any positive 
provisions or directions respecting the institutions and 
observances of religion, unless perchance the provision 
that their laws and ordinances should be agreeable with 
the laws of England, might be so construed. And we 
must confess, there is much ground for such an argu- 
ment. But even then what becomes of the question in 
controversy, the motive of the crown in granting the 
charter so readily or at all ? The truth of the matter 
is, there was no particular care taken, no particular skill 
exercised by and no particular motive operated with 

Real mo- the crown other than what we have mentioned, a desire 

"ran/ ^° 0CCU P V the country and to make it tributary to the 
resources of the kingdom. All other efforts having 
failed, the crown assented to the application of the 
puritans as the only prospect of settling New England. 
Nor was there anything in the provisions of the charter 
so peculiarly liberal as is contended. It was natural 
enough, after the company had been formed, and after 
its settlements had been planted and grew in America, 
and after the charter was declared forfeited, that the 
nature of its provisions should become a matter of 
speculation and controversy among all parties. But 
there was nothing in the circumstances to originate any 



THE UNITED STATES OP AMERICA. 227 

AND THE MASSACHUSETTS BAY COMPANY. PART II. 

such discussion at the time it was procured. There The real 
was nothing in the character of the applicants for it to for grant . 
excite the apprehensions of the crown. Those of them *»6 * he 
who asked for the charter and openly avowed their 
intention to plant themselves in New England were 
known to be of the puritan faith. And although as 
a religious sect they were sufficiently obnoxious for 
Charles to rejoice in the prospect of their removal 
beyond the sea, still the existence of the puritan 
party as a political organization, was not, at this early 
period in his reign, sufficiently defined or known to 
excite apprehension or suspicion of any ulterior de- 
sign in the application made for this charter. The pro- 
prietors of the company named in it were not open or 
avowed advocates of puritanical sentiments. They did 
not apply for the charter as a political party, or entirely 
as a religious sect, but as a commercial and trading cor- 
poration. Similar patents had been frequently issued to 
similar associations of his subjects, and each in its turn 
had failed of accomplishing its object ; why should not 
another be permitted to try the same experiment? The 
corporation was to be located at London, its business to 
be transacted there, all under the immediate supervis- 
ion of the sovereign. What objection then to its estab- 
lishment ? We dwell upon this point because it has a Import- 
more important bearing on the actual development of thispoint. 
free principles in America, and the claims afterwards 
made by our puritan fathers as colonists and subjects 
of Great Britain than at first appears. It must be 
remembered that the charter was issued to a commer- 
cial company to be located in London. How that com 
pany lost this character, and became a colony of free- 
men in Neiu England, the sequel will show. The great 
error of historians has been in confounding the com- 
panies with the colonies, and not distinguishing be- 
tween them. 

But whatever controversy may thereafter have arisen, 
as to the designs of the crown, or the company, or as to the 
express or implied provisions of their charter, it is certain 



228 THE GOVERNMENTAL HISTORY OP 

Part II. hew England, 

that the proprietors of the patent were not deterred from 
prosecuting the objects they had in view; and the puri- 
tans did not hesitate to embark under their auspices. 
First ex- The first expedition under the management of this 
under this corporation was fitted out in the month of April in the 
i629 Apr1 ' samc y ear - 1^ consisted of five ships and upwards of 
three hundred emigrants, all of whom were of the 
religious sect of the puritans, and were seeking a 
refuge from the persecutions of their native land. 
They reached the shores of New England in the month 
Of July following, and settled themselves at Salem, where 
Capt. Endicott had already planted his infant colony. 
Ordinance Previous to their departure from England the follow- 
eral Court" m g proceedings were had in the General Court of the 
for the company in relation to the government of the colony. 
Lent of u At a General Court, holden at London, the 30th day 
the colo- Q j- Apyii^ 1629, by the governour and company of the 
Massachusetts Bay in New England. 

" Whereas the king's most excellent majesty hath 
been graciously pleased to erect and establish us, by his 
letters pattents, under the great seal of England, to be 
Recital of a body corporate, entitled The Governor and Company 
givenby of the Massachusetts Bay in New England ; and thereby 
tbe. Char- j iat ] 1 en d 0W ed us with many ample privileges and 
immunities, with power to make good and wholesome 
laws, orders, and ordinances, for the better mainten- 
ance and support of the said privileges, and for the bet- 
ter and more orderly and regular government, to be 
observed in the prosecution and propagation of our 
intended voyages, and the plantation there ; authoriz- 
ing us to nominate, and appoint, and select, fit persons 
amongst ourselves for the managing, ordering, and gov- 
erning of our affairs, both in England and in the places 
specified and granted unto us by virtue of his majesty's 
said charter, we have, in the prosecution of the said 
power and authority given us, and in conformity there- 
unto, and to the purpose and intent thereof, and not 
otherwise, thought fitt to settle and establish an absolute 



THE UNITED STATES OP AMERICA. 229 

AND THE MASSACHUSETTS BAY COMPANY. PART II. 

government at our said plantation in the said Massa- Ordinance 
chusetts Bay in New England ; which by the vote and ^ co^ 
consent of a full and ample court, now assembled, is for the 

G"0V6rn- 

thought fitt, and ordered as followeth, viz. nie nt of, 

" That thirteen of such as shall be reputed the most ^J ^* 
wise, honest, expert, and discreet persons resident upon 1629. 
the said plantation, shall from time to time and at all Local s°v- 

r ' ernment 

times hereafter, have the sole managing and ordering of the col- 
of the government, and order affairs there, who to the ouy ' 
best of their judgments, are to endeavor so to settle 
the same as may make, most to the glory of God, the 
furtherance and advancement of this hopeful planta- Motives 
tion, the comfort, encouragement, and future benefit of an aims " 
us and others, the beginners and prosecutors of this so 
laudable a work. 

"The said thirteen persons so appointed to be entitled Title of the 
by the name of The Governour and Councel of London's g0 vern- 
plantation in the Massachusetts Bay in New England. ment - 

" And having taken into due consideration the merit, Capt. En- 
worth, and good descent of Capt. John Endicott, and Sj* j P " 
others, lately gone over from hence with purpose to governor, 
reside and continue there ; we have, with full consent 
and authority of this court, and by erection of hands, 
chosen and elected the said Capt. John Endicott to the 
place of present governour in our said plantation. 

"Also, by the same power, and with the like full and The colo- 
free consent, we have chosen and elected Mr. Era: Hig-°^^ ate 
geson ; Mr. Sam : Skelton ; Mr. Fr. Bright ; Mr. John 
Browne ; Mr. Sam : Browne ; Mr. Thos : Graves ; and 
Mr. Samuell Sharpe, these seven, to be of the said 
councell, and do hereby give power and authority to the 
said governor and those seven to make choice of three 
others, such as they or the greater number of them, in 
their discretions, shall esteem and conceive most fitt 
thereunto, to be also of the said councell. outh^oio"- 

"And to the end that the former planters there may n .v to 
have no just occasion of exception as being excluded additional 
out of the privileges of the company, the court are C on- memhevs ' 



230 THE GOVERNMENTAL HISTORY OP 

Part II. new England, 

Ordinance tent, and do order, by erection of hands, that such of 
erai Court * ne sa ^ former planters as are willing to live within 
for the the limits of our plantation, shall be enabled, and are 
ment of hereby authorized, to make choice of two such as they 
A. e fl°3o ny ' s ^ ia ^ think fitt, to supply and make up the number of 
1629. twelve of the said councel, one of which twelve is, by 
Deputy the governour and councel, or the major part of them, 
how ern ° r ' ^° be c h° sen deputy governour for the time being, 
chosen. " And further, the court doth authorize and give 

Colonial p 0wer to the said governour and councel, or the major 

secretary r D ' ° 

and other part of them, (whereof the governour or deputy to be 
officers. a i wavs one ) to make choice of a secretary, and such 
other subordinate officers, to attend to them at their 
courts, meetings, or otherwise, &c, as in their discre- 
tions shall seem meet and needful. 

Oaths of " And we do hereby authorize to administer 

office, how im to the governour the oath to his place appertaining ; 
tered. and that the governour having taken his oath as afore- 
said, shall administer the oath to the deputy apper- 
taining to his place. And we do hereby authorize the 
governour or deputy, or either of them, to adminis- 
ter the oath to the rest of the councel, and unto all 
others the several officers respectively, which said oaths 
are to be administered in a publique court, and not 
elsewhere. 
Term of " M is further concluded on, and ordered by this court, 
office of t j iat tlie said governour, deputy and councel before 
depSy° r ' named, so chosen and established in their several places, 
and e coun- shall continue and be confirmed therein for the space 
cil. of one whole year from and after the taking the oath, or 

until such time as this court shall think fitt to make 
choice of any others to succeed in the place or places 
of them, or any of them. 
Vacancies "And if it shall please God that any of them, or any 
or removal others to be hereafter chosen to any office there, shall 
depart this life before the expiration of the time they 
were so chosen ; or for any misdemeanour, or unfitness, 
shall be held unmeet for the place he was formerly 



THE UNITED STATES OF AMERICA. 231 

AND THE MASSACHUSETTS BAT COMPANY. PART II. 

chosen unto, that the governour or deputy and councel, Ordinance 
or the greater number of them, at an ample court era i court" 
assembled, shall have power, and hereby are authorized, J r v the ^ 
not only to remove and displace such unfit person or ment of 
persons, but also to nominate and choose a fit person Apriuo 07 ' 
or persons to succeed him or them so deceased, 1629. 
removed, or displaced as aforesaid, into the said 
place or places, for the residue of the time unex- 
pired. 

"And it is further agreed on and ordered, that the Courts, by 
governour for the time being shall have power, and is ^iied. 
hereby authorized, to call courts and meetings in places 
and times convenient, as to his discretion shall seem 
meet ; which power is hereby also conferred upon the 
deputy in the absence of the said governour ; and the 
said governour or deputy, together with the said coun- 
cel, being chosen and assembled as aforesaid, and 
having taken their oaths respectively to their several 
places, they, or the greater number of them, whereof 
the governour or deputy to be always one, are author- 
ized by this act, grounded on the authority derived Powers of 
from his majesty's charter, to make, ordain, and e stab- and coun- 

lish all manner of wholesome and reasonable laws, P 11 10 ™ ake 

laws, &c. 

orders, ordinances, and constitutions, (so as the same 
be no way repugnant or contrary to the laws of the 
realm of England,) for the administering of justice 
upon malefactors, and inflicting condign punishment 
upon all other offenders, and for the furtherance and 
propagating of the said plantation, and the more 
decent and orderly government of the inhabitants 
resident there. 

"It is further ordered, that a copy of all such laws, 
orders, &c, is from time to time to be sent to the com- 
pany in London — and that a copy of the acts and Copies of 
orders made this present day for settling the govern- jjjjj |° Jjr 
ment in the plantation of the Mattachusetts Bay afore- company 
said, shall be fairly engrossed, and sent under the 
company's seal, subscribed by the governour and deputy, 



232 THE GOVERNMENTAL HISTORY OF 

Part II. new England, 

Ordinance by the speediest conveyance for New England that 

^a'co^"(can)behad."* 

for the A further provision for the settlement of the country 

mentofthewas subsequently made at a general court of the coin- 

C a° !o m£\ pany in London, as follows : 

April 30, *■ J ' 

1G29. " Thursday, 21st of May, 1629. This Court, taking 

* l. Hist. j n t <j ue anc j mature consideration how necessary it 

Records 

Mass. will be that a dividend be forthwith made of some 
competent quantity of land in the London plantation 
lands to be in New England ; both for the present accommodation 
t' PP °d t °^ ^ ie P e °pl e lately gone thither, as well to build them 
settlers, houses, as to inclose and manure, and to feed their 
cattle on, have thought Jit and ordered, that the gov- 
ernour, deputy, and councel there, shall make a dividend 
accordingly, and allott the same unto the several ad- 
Allowance venturers and others as followeth, viz.: That two hund- 
red acres of land be by them allotted to each adven- 
turer, for £50 adventure in the common stock, and so 
after that rate, and according to that proportion, for 
more or less, as the adventure is, to the intent they 
may build their houses and improve their labors 
thereon. 
Apportion "That every adventurer in the common stock, or his 
nient of serV ant for him, or on his behalf, shall make request or 

lands how 1 

obtained, demand to the governour or deputy and councel to have 

a portion of land allotted unto him accordingly ; and 

if within ten days after such request or demand, the 

same be not set out and allotted unto him, then such 

person or persons are, by virtue of this act, permitted 

and authorized to seat him or themselves, and build 

his or their house or houses, and inclose and manure 

ground, in any convenient place or places not formerly 

Limitation built upon or manured ; provided, that the land so 

Sent of 0t ~made choice of by any such person or persons do not 

.lands. exceed in quantity the one-half of the land which is to 

be allotted unto him or them, by dividend, according 

Selection to this order above written ; with liberty also, when 

allotment, the first dividend shall be made, to take his of their 



THE UNITED STATES OF AMERICA. 233 

AND THE MASSACHUSETTS BAT COMPANY. PART II. 

allottment of land as others do, in lieu of this, if in 
the mean time the first choice shall be disliked by them 
or any of them. 

" And for further explanation of this act, it is thought 
fitt that if the platt of ground whereon the town is to 
be built be set out, and that it be publickly known to 
be intended for that purpose, that then no man shall 
presume to build his house in any other place (unless 
it be in the Mattachusetts Bay, and there according to 
such direction as shall be thought meet for that place ;) 
and in case his allottment for building his house within Laying out 
the platt of ground set out for building of the town be and ^uM- 
not appointed unto him within ten days after demand iu § re S u - 

i , -> -, i lations. 

or request to the governour or the deputy and councel 
for the same, it shall be free for any, being an adven- 
turer in the common stock, or his servant for him, or 
on his behalf, to build his house in any place within Adventur- 
the said platt set out for the town, and to impale to the common 
quantity of half an acre of ground for each <£50 stockma y 

. choose 

adventure in the common stock, unless a greater or building 
less proportion be formerly determined by the gov- lot ' 
ernour and councel, by which each builder is to be 
guided and directed. 

"It is further thought fitt and ordered, that all such as Allotment 
go over in person, or send over others at their owii^g 6 ^",. 
charge, and are adventurers in the common stock, settlers. 
shall have lands allotted to them for each person they 
transport to inhabit the plantation, as well servants as 
all others; which fifty acres of land, so allotted to 
servants or others, is hereby ordered to be to and for 
the use of his master or setter forth, being an adven- 
turer in the common stock, to dispose of at his dis- 
cretion, in regard the said master is at the charge of the 
said servant and others, their transportation, wages, 
and otherwise ; but for such as, being no adventurers 
in the common stock, shall transport themselves and Allotments 
their families, it is ordered, that fifty acres of land shall Masters of 
(be) allotted and set out for the master of the family, families. 



234 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

and such a proportion of land more, if there be cause, 
as, according to their charge and quality, the governour 
and councel of the plantation there shall think neces- 
sary for them, whereby their charge may be fully and 
amply supported, unless it be to any with whom the 
company in London have or shall make any other par- 
ticular agreement, to which relation is to be had in 
such case. 
Conveyan- "And to the end every adventurer may the more 
be made, safely and peaceably enjoy their said lands allotted 
unto them, or chosen by them., and the houses they 
build thereupon as abovesaid, it is thought fitt and 
ordered by this court, that conveyances shall be made 
thereof unto each particular man for the land he pos- 
sesseth, in the company's name, and the common seal 
of the company to be thereunto affixed by the gov- 
ernour and councel there, at the charge of the company, 
Colonial which common seal is, by this court, thought fitt and 
fo have 01 " ordered to be committed to the charge and keeping of 
common the governour for the time being, and in his absence to 

his deputy there. 
Copies "All which premises before mentioned the company 

befor- ° do, by general consent, ratify, establish and confirm ; 
warded. ail d d a i so order, that copies of these acts shall be 
sent over to the governour and councel there resident, 
subscribed by the governour, deputy, and six of the 
*iHist. assistants here, and sealed with the common seal of the 

Records ,,* 

Mass. 363. company. * 



Thus was framed the first colonial government of 

the first colony planted in New England under the 

immediate auspices and supervision of a company 

incorporated by the crown. In its resources, its plans 

Massachu- and appliances, the company which planted Massachu- 

anSw setts Bay possessed advantages which insured a more 

Plymouth, rapid and effective settlement of the country than had 

fallen to the lot of the New Plymouth colony. Still to 

the latter belongs the distinguished pre-eminence of 



THE UNITED STATES OP AMERICA. 235 

MASSACHUSETTS BAY AND NEW PLYMOUTH. PART II. 

having planted an independent settlement, nurtured Fraternal 
by its own care, its own perils, its own labours, and its l ^™ ^ 
own toils ; unaided and uncared for by any company and New 
or association in the mother country. It had demon- 1529. ' 
strated the practicability of planting a thriving settle- 
ment in the colder latitudes of North Virginia. It 
had, as it were, made the crooked places straight, the 
rough places smooth, and opened the way for a more 
genial entrance to those who now came to New Eng- 
land with more ample resources and a prouder patron- 
age 

We have observed that the colony of New Plymouth Religious 

-. ,» 1 c ,, ,. , differences 

was composed 01 members 01 the congregational asso- f t h e tw0 
ciation established at Leyden in Holland, under the colonies - 
Rev. John Robinson. These adventurers had left Eng- See ante. 
land some years previous to this date, and before the 
progress of the reformation had developed the political 
elements of freedom embraced in the protestantism of The cause 
the puritans. They had thus been living for more S^S* 
than twenty years in far off exile, and were necessarily 
ignorant of the progress of free principles in the parent 
country. They were therefore unprepared for the lat- 
itudinarian notions entertained by those who now 
planted the colony of the Massachusetts Bay company 
at Salem. Hence it occurred that the settlers at New 
Plymouth were in some measure opposed to the out- 
ward form of worship and the order of church disci- 
pline adopted by the settlers at Salem, which seemed 
at first view to originate dissension among them. But 
upon a conference between the prominent church offi- 
cers of the respective settlements, their difficulties were Their dis- 
removed, and each colony adopted a nearly similar plan p i ang f 
of church order, both of them expressly repudiating ch " rch 
all affinity with the Established Church of England, 
and its ceremonials and forms of worship. The dis- 
similarity in their views, however, was shadowed forth 
by the Plymouth church calling itself Congregation- 
alist, and the church at Salem calling itself Independ- 



236 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Significant ent. It seems to us a distinction almost without a 
differ tieir difference. Still it serves to mark the phases of pro- 
ences. testantism at the different periods when those who 
planted the respective settlements left the home of 
their fathers. A few of their number expressed them- 
selves attached to some of the forms of the church of 
England, and being dissatisfied with their entire abo- 
lition, claimed the right to withdraw from the rest, 
Settlers and to associate together in a more distinctive organ- 
to^Ene- ization. Being otherwise radical in their views, they 
land. were summoned to appear before the governor and 
See l Hist, council at Salem, were condemned as movers of 
407. ' sedition and discord, and sent back to England. 

It is not for the historian of our own day to pass sen- 
Character tence of condemnation on this seemingly illiberal act 
of this act. f these well tried pioneers of freedom. A philosophic 
and unbigoted judgment may rather discover in it the 
first development in New England of that priceless 
principle of republicanism, which lies at the founda- 
tion of all our institutions, submission to the will of the 
majority. True, we would not now apply it in matters 
of religious opinion, or of religious worship, or to bind 
the consciences of men. But we must remember that 
that political element in the protestantism of the puri- 
tans whose tendency was ultimately to separate the 
church and the state and vastly to liberalize both, had 
not yet developed itself in full maturity even in the 
mother country. We shall be careful as we proceed to 
note the different stages of its advancement in either 
country because its realization was and is peculiarly 
American. 
Character But apart from this, it would seem from the records 
of the per- Q f t ^ e London company at this date, that these persons, 

SOUS D£LI1- . 

ished. who, with their leaders were thus banished from the 
colony, were not altogether faultless, nor capable of 
becoming very contented or valuable residents. On the 
sixteenth day of October, the governor and company 
in London addressed letters to the ministers and gov- 



THE UNITED STATES OP AMERICA. 237 

MASSACHUSETTS LAY AND NEW PLYMOUTH. PART II. 

ernor of the colony, of "which the following are copies. 
They are interesting and characteristic. 



li To the Ministers. 

Reverend Friends. There are lately arrived here Letter 
(being sent from the governour, Mr. Endicott, as men ^Jrnor 
factious and evil conditioned) John and Samuel Browne, and com- 
being brethren; who, since their arrival, have raised London to 
tumors fas we hear) of divers scandalous and intern- tllc mnus - 

v J . ters, Oct. 

perate speeches passed from one or both of you in your 1629. 

public sermons or prayers, in New England ; as also of 

some innovations attempted by you. We have reason 

to hope that their reports are but slanders, partly for 

that your godly and quiet conditions are well known to 

some of us ; and also for that these men, your accusers, 

seem to be embittered against you and Capt. Endicott 

for injuries which they conceive they have received 

from some of you there. Yet, for that we all know 

that the best advised may overshoot themselves, we 

have thought good to inform you of what we hear, that 

if you be innocent you may clear yourselves ; or, if 

otherwise, you may hereby be entreated to look back 

upon your miscarriage with repentance, or at least to 

take notice that we utterly disallow any such passages ; 

and must and will take order for the redress thereof as 

shall become us. 

" But hoping, as we said, of your umblamableness 
herein, we desire only that this may testify to you and 
others that we are tender of the least aspersion which* 
either directly or obliquely, may be cast upon the state 
here, to whom we owe so much duty ; and from whom 
we have received so much favor in this plantation where 
you now reside. So, with our love and due respect to 
your callings, we rest 

Your loving friends. 
London, October, 1629. 

R. Saltoxstall, Matt: Cradock, Gov'r., 

Isa : Johnson, Tho : Goff, Dep't, 

Geo : Harwood, Treas., 



238 THE GOVERNMENTAL HISTORY OP 



Part II. new England. 



John "Winthrop, 
Tho : Adams, 
Sym: Whetcombe, 
"Willm Vassal, 
Wm: Pinchon, 
To Mr. Skelton and John Revell, 

Mr. Higgison. Francis Webb. 



Letter from the Governour and Company to Governour 
Endicott. 
Letter " Sir. As we have written at this time to Mr. Skel- 

irom the ^ an( ^ j^ r Hieeison, touching the rumors of Jo : and 

governor 00 ' < - J 

and com- Sani : Browne, spread by them on their arrival here, 
Engknd to concerning some unadvised and scandalous speeches 
the colo- u ttered bv them in their public sermons or prayers, so 

nialgov- J * . A i 

ernor, Oct. have we thought meet to advertise you of what they 
16, 1629. j iave re p 0r ted against you and them Concerning some 
rash innovacions begun and practiced in the civil and 
Character ecclesiastical government. We do well consider that 
Snfban -"" the Brownes are likely to make the worst of anything 
ished. they have observed in New England, by reason of your 
sending them back against their wills for their offensive 
behaviour, expressed in a general letter from the com- 
pany there. Yet, for that we likewise do consider that 
you are in a government newly founded, and want that 
assistance which the weight of such a business doth 
Opinion of require we may have leave to think that it is possible 
the com- som e undigested counsels have, too suddenly been put 
pany * in execution, which may have ill construction with the 
state here, and make us obnoxious to any adversary. 

" Let it therefore seem good unto you to be very 
sparing in introducing any laws or commands which 
may render yourself or us distasteful to the state here, 
to which (as we ought) we must and will have an obse- 
quious eye. And as we make it our main care to have 
the plantation so ordered as may be most for the honour 
of God, and of our gracious sovereign, who hath be- 
stowed many large privileges and royal favours upon this 



THE UNITED STATES OP AMERICA. 239 

MASSACHUSETTS KAY AND NEW PLYMOUTH. PART II. 



company, so we desire that all such as shall, by word 
or deed, do anything to detract from God's glory, or 
his majesty's honor, may be duly corrected, for their 
amendment, and the terror of others. 

"And to that end, if you know anything that hath General 
been spoken or done, either by the ministers (whom the a vice " 
Brownes do seem tacitly to blame for some things uttered 
in their sermons or prayers) or any others, we require 
you, if any such things be, that you form due process 
against the offenders, and send it to us by the first, that 
we may, as our duty binds us, use means to have them 
duly punished. So, not doubting but we have said 
enough, we shall repose ourselves upon your wisdom ; 
and do rest 

Your loving friends. 

Dated <fcc. as the former. 

To the Gov'r, Capt. Endicott. 



These letters evince a degree of caution in the man- The com- 
agement and operations of the company in London, Pf 11 ^' 9 le ** 
which confirms what has been said of the manner in ministry 
which their charter was obtained from the crown, and a " no f° V f 
the political aims which prompted the proprietors of the colony, 
the patent to become interested in the enterprise of 
settling New England. They are tenderly careful that 
nothing should be done in the colony to excite repre- 
hension or awaken suspicion of their designs. Andp ii cyo f 
although the principle of popular sovereignty, now prac- th ? pr0 " . 
tically shadowed forth by the people of Massachusetts London. 
Bay as an element of social and municipal organization, 
was not distasteful to the shrewd proprietors in Eng- 
land, still they felt called upon as a matter of policy 
"to have an obsequious eye" to the crown, and at least 
seemingly to rebuke its exercise. I have given their Their char- 
names in full because of the conspicuous position they acter and 
afterwards held in the colony. They were not ordinary 
men ; nor had they undertaken the performance of an 
ordinary experiment in instituting the company of 



24:0 THE GOVERNMENTAL HISTORY OF 



Part II. new England. 



which they were now the ruling spirits and guides. 
They foresaw, on both sides of the Atlantic, the dawn- 
ing of a joyous era in the annals of nations and of man- 
kind, and appreciated their own mission in connection 
with its development. They felt that their work at 
home was one of equal moment with that of their co- 
laborers who had only preceded them in their far off 
exile. Theirs was the task not only to uphold and 
strengthen the infant plantation, but also to anticipate 
and provide for the future day of their own proposed 
departure to the same nursery of freedom. It is a re- 
markable and a noticeable fact that before these letters 
Were transmitted to the colony, the general court of 
the company had already privately agitated the ques- 
tion of removing -themselves and their charter to New 
England. 
Condition Meanwhile the more adventurous exiles were experi- 
coiony in encing their full share of toil and self-sacrifice on the 
America, distant coast. The hardships and perils encountered 
amid the severities of the winter which followed close 
upon the landing of the puritans at Salem ; sickness, 
privation and famine, materially reduced their numbers 
both here and at the plantation of New-Plymouth. 
Had it not been for the religious faith and fortitude of 
the survivors, and the increasing cruelties of intolerance 
in the mother country, now perhaps might have termi- 
nated forever all hope of planting a permanent settle- 
ment on the shores of New England. 
The char- The disaffection which agitated the kingdom of Great 
acterand jjritain on the accession of Charles I. to the throne, 

reign of 1 7 

Charles I. was ripened into revolution by the circumstances of his 
reign. Succeeding to the sovereignty at the early age 
of twenty-five, he lacked that forethought and prudence 
which might have tempered his elevation. Though 
endowed with many excellent qualities which would 
have given lustre to a more private life, he was never- 
theless without the capacity to understand, or properly 
to estimate, the political notions floating among the 



THE UNITED STATES OP AMERICA. 241 

THE COMPANY AND COLONY OF MASSACHUSETTS BAY. PART II. 

people in the kingdom over which he was called to rule. Condition 
The civil discord and religious enthusiasm which had £in°-dom 

been generated by the conduct of James I. now swayed on his ac - 

. cession, 

the minds of his subjects with an almost absolute con- 
trol. It required in the new sovereign a wise policy, 
skillfully devised, cautiously adapted, and well admin- 
istered, to meet the exigences of his reign and to pre- 
serve and promote the interests of his crown. By ele- 
vating Dr. Laud to the highest ecclesiastical dignity in 
his kingdom, and conferring upon, or entrusting to him 
his own prerogatives of temporal power, he excited the 
odium of all protestant parties, and alienated forever 
from his person the affections of the great body of the 
people.* The counsels of the Arch-Bishop were readi- * Robert- 
ly heeded by the timid monarch, whose conduct offend- Hume, 
ed and alarmed many men of rank and opulence who 
had hitherto looked rather indifferently on the contest. 
These now more actively entered the field, and espoused Political 
the cause of the puritans. Some did it from principle, m e e V n e Jof 
and others for the sake of acquiring popularity. Puri- puritan- 
tanism thus began to develop more openly and force- 
fully the political elements of its protestantism ; until 
it assumed at last the aspect of a political party as well 
as a religious organization. While thus it gained a 
more respectable footing, the spirit of intolerance and 
hostility grew more furious and relentless. Its cruel 
inventions appalled the minds of men, convulsed the 
nation, and caused many to look toward the asylum so 
fittingly opened in America. Besides the hostility Oppres- 
manifested towards the puritans by the high church Sharks I. 
and tory parties during the reign of Charles I., the op- fav ? redtDe 
pressions he himself practiced upon his people generally, party, 
in the arbitrary extension of the prerogatives of his 
crown, and his exorbitant and unconstitutional demands 
upon all classes of his subjects, produced a general dis- 
content with his administration. 

The Massachusetts Bay Company in London with an 
eagle observation foresaw the progress of these causes 
16 



242 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Further of conflict and agitation, and anticipating its necessity 

mTnt^f" na d already quietly discussed the plan of removing their 

the aims chief government to New England. "At a meeting of 

Mass. Bay the general court of the company held at Mr. Dupuytcs 

Co ' house, Mr. Deputy acquainted the court, that the 

Proposi- especial cause of their meeting was to give answer to 

transfer divers gentlemen, intending to go into New England, 

the char- -whether or no the chief government of the plantation, 

New Eng- together with the pattent, should be settled in New Eng- 
land, Aug. land h ^ 
loay. 

" Whereupon it was ordered, that this afternoon Mr. 
Wright ; Mr. Eaton ; Mr. Adams ; Mr. Spurstowe, and 
thereupon, such others as they should think fit to call unto them, 
whether they were of the company or not ; to consider 
of arguments against the settling of the chief govern- 
ment in New England. 

"And, on the other side, Sir Richard Saltonstall; 
Mr. Johnson; Capt. Venn; and such others as they 
should call unto them, to prepare arguments for the 
settling of the said government in New England ; and 
that to-morrow morning, being the twenty-ninth day of 
August, at seven of the clock, both sides should meet 
and confer and weigh each others arguments, and after- 
wards, at nine of the clock (which is the time appoint- 
ed of meeting for a general court) to make report 
thereof to the whole company, who then will determine 
this business. 
Report and " At a General Court at Mr. Dupuytes house, the 29th 
thereon. °f August, 1629. This day the committees which were 
appointed to meet yesterday in the afternoon to con- 
sider of arguments pro and contra touching the set- 
tling of the government of the company's plantation 
in New England, being according to the order of the 
last court met together, debated their arguments and 
reasons on both sides ; where were present many of the 
assistants and generality; and after a long debate, Mr. 

„ Deputy put it to the question as followeth; 

Vote upon f J F l . x* A * a 

the report. "As many of you as desire to have the pattent and 



THE UNITED STATES OF AMERICA. 243 

THE COMPANY AND COLONY OF MASSACHUSETTS BAY. FART II. 

the government of the plantation to be transferred toThecom- 
New England, so as it may be done legally, hold up ^^ ! t *" 
your hands : So many as will not, hold up your hands : transfer 

" Where, by erection of hands, it appeared by the gen- ter to New 
eral consent of the company, that the government and ^"f. la "^' 
pattent should be settled in New England, and accord- 1629. 
ingly an order to be drawn up." 



Although it does not appear that any objection was 
made to the proposition, on the part of those directly 
interested in the transactions of the company, yet its 
necessity was earnestly urged by the proprietors in view 
of the increasing emigration and the political as well as 
pecuniary interests at stake ; a government, they contend- 
ed, so far removed from its subjects, so wholly unac- 
quainted with the country in which they were located, 
was not in a condition to know their wants, and must 
necessarily be ignorant of their embarrassments. The 
matter continued to be deliberated upon and discussed 
among themselves until it was brought to a termination 
on the twentieth of October, at a meeting of the gen- 
eral court of the company, "held at Mr. Gofif the 
Deputy's house ; " when, as the record reads, 

" Mr. Governour acquainted those present, that the Articles in 

• i * /» • * • reference 

especial occasion of summoning this court was for the to the re- 
election of a new governour, deputy, and assistants, mo va j»°ct. 
the government being to be transferred into New Eng- J Hj st . 
land, according to the former order and resolution of Rec - Mass - 
the company : But before the court proceeded to the 
said election, certain articles of agreement, conceived 
at a meeting yesterday between the adventurers here at 
home and the planters that are to go over, as well for 
the managing and settling of the joint stock, as for recon- 
ciling of any differences that may happen upon this 
change of government, were now read and recommend- 
ed to the court for their approbation, and for the nomina- 
tion and appointment of a competent number of commit- 
tees to meet, and treat, and resolve of these businesses. 



244 THE GOVERNMENTAL HISTORY OP 

Part II. new englakd. 

Proceed- « The articles themselves were approved of, and Five 
general Committees on either part were thereupon chosen, viz., 
c ? urt *? Sir Richard Saltonstall ; Mr. Winthrop ; Mr. Dudley ; 

view ot 7 l ' J ' 

their re- Mr. Johnson and Mr. Hunifry ; for the planters : And 
N°E a Oct. wr * ne adventurers was chosen Mr. Go vernour ; Mr. 
20, 1629. Aldersey ; Mr. Wright ; Mr. Hutchins ; and Capt. 
Venn : And in case the said committee, or the greater 
number of them, should differ in any one or more par- 
ticulars, and not agree thereon, there was chosen for 
umpires, Mr. Whyte, the councellor; Mr. Whyte of 
Dorchester ; and Mr. Davenport ; to whom the decision 
and determination of all such differences is referred, 
according to the tenure of the said articles of agree- 
ment. 
Extension " And it being- further taken into consideration, that, 
term of the m rc g ai 'd to the shortness of the time limited to the 
committee, committees, many things of weight and consequence 
in this so great a business may either not be at all 
thought on, or otherwise left unresolved by them and 
the said umpires, it is therefore thought fitt by this 
court that the said committee and umpires shall con- 
tinue till the end of this term ; and whatsoever mate- 
rial things for the good of the plantation shall in that 
time be treated on and resolved by them, the same to 
be as valid and effectual as if it had been done before 
the expiration of the time limited by the articles. 
The com- " And it ivas further thought fitt that all such others 

cessTbkto °f tlie com P an y as wi ^5 mav > fr° m time to time > nave 
parties in- access to the said committee, to propound such things 
tcrcstc . as ^^ conce j ve beneficial for the business, or to pre- 
sent their opinions in writing, but not to debate with 
them for interrupting their proceedings. All which 
being put to the question, was approved of, and, by 
erection of hands, ordered accordingly. 
Election of " And now the court, proceeding to the election of a 
a new gov- new a-overnour, deputy, and assistants, which, upon seri- 

ernor and D , -, • •jxirj.i 

council, ous deliberation, hath been and is conceived to be tor the 
especial good and advancement of their affairs; and 



THE UNITED STATES OP AMERICA. 245 

THE COMPANY AND C«LONY OF MASSACHUSETTS BAY. PART II. 

having received extraordinary great commendations of ^* Win * 
Mr. John Winthrop, both for his integrity and sum- chosen 
ciency, as being one very well fitted and accomplished 
for the place of governour ; did put in nomination for 
that place the said Mr. John Winthrop ; Sir Richard 
Saltonstall ; Mr. Is: Johnson ; and Mr. John Humfry ; 
and the said Mr. Winthrop, was, with a generall vote 
and full consent of this court, by erection of hands, 
chosen to be governour for the ensuing year, to begin 
on this present day ; who was pleased to accept thereof, 
and thereupon took the oath to that place appertain- 
ing. In like manner, and with like free and full De P ut y 

° ' governor. 

consent, Mr. John Humfry was chosen deputy gov- 
ernor ; and 

Sir. R. Saltonstall, Mr. Thomas Sharpe, T . he coun- 

Mr. Is: Johnson, Mr. John Revell, 

Mr. Thos. Dudley, Mr. Matt. Cradock, 

Mr. Jo: Endicott, Mr. Thomas Goff, 

Mr. Noell, Mr. Aldersey, 

Mr. Wm: Vassal, Mr. John Venn, 

Mr. Wm: Pinchon, Mr. Nath: Wright, 

Mr. Sam: Sharpe, Mr. Theoph. Eaton and 

Mr. Edw: Rossiter, Mr. Thomas Adams, 

were chosen to be assistants ; which said deputy, and Oaths of 
the greatest part of the said assistants, being present, took ^i^tered. 
the oaths to their said places appertaining respectively." 



Thus were the preliminary arrangements consum- 
mated for a removal of the government and charter of The result. 
the Massachusetts Bay Company, the parent of the col- 
ony of Massachusetts Bay, and thus the company itself 
was transformed from a commercial corporation in Lon- 
don to a political colony in New England. It was a very 
bold and a very important step, and it is somewhat remark- 
able that a movement so revolutionary in its character 
should have been accomplished without attracting the 
observation of the crown. The proprietors of this lib- 
erally endowed commercial association, removing them- 



246 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Removal se i ves their charter and their government to America, 

of the gov- ' D ' 

emment without even asking permission of their sovereign, was 
J e n r d c f h ^ e certainly a lofty exercise of political independence, 
company Once across the Atlantic and they might feel themselves 
England altogether free from the inspection and the control of 
1629-30. the crown, and not subject to its immediate interfer- 
ence. Thus an opportunity would be afforded for a 
more easy and independent execution of their original 
plans, while those of the proprietors who, whether 
from motives of interest or of policy, remained at home, 
might more openly and fearlessly avow the political 
sentiments of the puritans. 
Amval of rpj ie cnar ter with the officers elected to the govern- 

the charter ° ; 

in New ment of the company, arrived in New England in the 
16 | ^ n ' month of June of the following year, and at the same time 
with them about fifteen hundred other persons who 
had embarked at an expense of £ 20, 000, or about 
$100,000. They landed at Cape Ann, near Salem, 
but not being satisfied with that location they plant- 
ed themselves at Trimountaine, afterwards called Bos- 
ton ; which "all agreed," says Gov. Winthrop, "is 
a fitt place for a beautiful town ; " they also laid the 
Theoffi- foundation of Roxbury and Charlestown : The gov- 

ccrs oi tlic 

Co. as- ernor, the deputy, and assistants chosen by the com- 
eovern-* 3 P an y m London, " conjointly with all the freemen who 
ment of the should thereafter settle in New England," were vested 
coony. ^.^ a jj t | ie cor p 0ra t e rights, powers, and privileges, 
which had been conferred by the crown upon the orig- 
inal patentees. 
Governor Governor Endicott, till now the governor of the 
takrathe colony, having been appointed to a place in the coun- 

aslista^ 11 cil ° f assistants > on the e l ection of John Winthrop to 

the office of governor, before the government was trans- 
ferred from London, appeared on the seventh of Sep- 
tember, and took the oath of an assistant in the pres- 
ence of the general court then sitting at Charlton. 

On the nineteenth day of October in the same year 
the general court commenced holding its sessions at 



THE UNITED STATES OP AMERICA. 247 

THE COMPANY AND COLONY OF MASSACHUSETTS BAY. PART II. 



Boston ; which continued from that time to be the chief The cote- 
town in the colony: At this session, "for the estab- eminent 
lishing of the government, it was propounded if it were J^* p ® 
not the best course that the freemen should have the 
power of choosing assistants when there are any to be 
chosen, and the assistants from among themselves tOR ecogD i_ 
choose a governor and deputy governor, who, with the tlon ° f the 
assistants, should have the power of making laws and the source 
choosing officers to execute the same ? This was fully ° f p ° wer ' 

* 1 Hist. 

assented unto by the general vote of the people, and Rec. Mass., 
erection of hands."* 

The first colonial election for governor, held subse- The first 
quent to the removal of the government of the com- e ] e ction,' 
pany to New England, was made " at a meeting of the Ma y» 163L 
general court holden at Boston, on the eighteenth day 
of May following, when John Winthrop, Esq., was chosen 
governour for a whole year next ensuing, by the general 
consent of the court, according to the meaning of the 
pattent, and did accordingly take an oath to the place 
of governour. Tho. Dudley, Esq., was also chosen deputy 
governour for this year next ensuing, and did in 
presence of the court take an oath to his place be- 
longing." 

" For explanation of an order made the last general Further 
court, holden the nineteenth October last, it was [? o c ° ^f 1_ tne 
ordered now, with full consent of all the commons people as 
then present, that once in every year at least, a general ofpo^er! 
court shall be holden, at which court it shall be lawful 
for the commons to propound any person or persons 
whom they shall desire to be chosen assistants ; and if 
it be doubtful whether it be the greater part of the 
commons or not, it shall be put to the poll. The like 
course to be holden when they, the said commons, shall 
see cause for any defect or misdemeanor to remove any 
one or more of the assistants ; and to the end the body 
of the commons may be preserved of honest and good 
men, it was likewise ordered and agreed, that, for time^g 1 ^* 
to come, no man shall be admitted to the freedom of freemen. 



248 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

this body politic, but such as are members of some of 
the churches within the limits of the same." 



Relations It is not surprising that so sudden and so large an 
onilts with mnux of strangers among them should have awakened 
thejn- the serious apprehensions and hostility of the natives 
of the soil. We can well imagine the wild dismay with 
which these untutored children of nature, who had for 
so many ages roamed undisturbed through the sturdy 
forests of New England, gazed upon the pale faces, 
observed the curious customs, the habits, the habili- 
ments, and listened to the unknown tongue of our 
puritan fathers. Day after day they forgot the chase 
and the dance, and watched them. Night after night 
they lighted their council-fires, and watched them. 
They consulted with their chiefs and their warriors, 
with their medicine men and their prophets, and with 
each other, and watched them. They implored the 
Great Spirit, and still watched and waited, and waited 
and watched, to see them vanish again whence they had 
come, in the blue mist which hovered over the waters 
that stretched far away into the world of the invisible. 
Still these mysterious forms went not away, still they 
stayed. They took possession of their lands, they cut 
down their venerated forest trees, they dug into their 
soil, they fished in their waters, they hunted upon their 
mountains, they trafficked by their lakes and rivers, and 
they erected their dwelling-places upon the very mounds 
where reposed the sacred ashes of their dead. Strange, 
passing strange was the vision it presented to their 
bewildered senses ! Stranger still, in the economy of 
that providence- whom we acknowledge, was the fate 
which it foreshadowed to their race. 
Destruc- At this crisis a war with the natives seemed inevi- 
Indlans by table, but the small pox broke out among them, and in 
the small a Y ery few weeks whole tribes were swept away. Who 
shall say how much the fatal ravages of the desolating 
pestilence were occasioned by the fear and anxiety pro- 



THE UNITED STATES OP AMERICA. 249 

! THE COLONY OF MASSACHUSETTS BAY. PART II. 

duced in the mind of the Indian by the presence and 
the power of the white man ? Can philosophy or faith 
he charged with weakness or credulity in believing it, 
in its work of death, the commissioned agent of the 
Almighty ? 

The tracts of country thus desolated were rich and Favorable 
well selected, and seemed vacated to open a ready and g ° owt h f 
fit resting place for the thousands who now crowded to the colony, 
these shores "as clouds and as doves to their windows," 
to avoid the increasing cruelties of proscription and 
intolerance in the mother country. Towns and vil- 
lages, thriving and beautiful, sprung up almost with 
the power of magic, and the hum of industry and civ- 
ilization awakened the echoes of the long howling wil- 
derness. 

The result was a dispersion of the settlers from the Develop- 
immediate vicinity of their seat of government, where rep resenta- 
each freeman had been hitherto required to appear i n | ;ivefeature 
person at the public meetings of the general court of ment. 
the colony. Thus it became necessary for the inhabit- 
ants of the several towns or settlements to appoint del- 
egates to appear fully empowered to act for them, upon 
all matters of general interest or importance. 

Here again, as in Virginia, we mark the origin of See Part I. 
that distinction which obtains between a republican or 
representative government and one purely democratic. 
The latter is practicable only in small communities, 
and is known only in the infancy of society ; the 
former is the necessary result of its extension and dis- 
tribution. 

This form of government, however, was not fully Represent- 
carried into effect until the year 1634. In the month f g0 veru- 
of April of that year, " notice being sent out to the m £ nt » 
general court to be holden the fourteenth day of May, how 
the freemen deputed two of each toivn to meet and con- p 
sidcr of such matters as they were to take order in at the 
same general court ; -who having met, desired a sight 
of the pattent, and conceiving thereby that all their 



250 THE GOVERNMENTAL HISTORY OP 

Part II. new kngland. 

laws should be made at the general court, repaired 
to the governour to advise with him about it. He told 
Itsneces- them, that when the pattent was granted, the number 
eity recog- f f reeme n was supposed to be (as in like corporations) 
so few as they might well join in making laws, but now 
they were grown to so great a body as it was not possi- 
ble for them to make or execute laws ; but they must 
choose others for that purpose ; and that howsoever it 
would be necessary hereafter to have a select company 
to intend that work, yet for the present they were not 
furnished with a sufficient number of men qualified for 
such a business ; neither could the commonwealth 
bear the loss of time of so many as must intend it ; yet 
this they might do at present, viz. : They might at the 
general court make an order that once in a year a 
certain number should be appointed, upon summons 
*Gov.Win- from the governour, to revise all laws, &c. ; but not to 
Journal, make any new laws, but prefer their grievances to the 
court of assistants ; and that no assessment should be 
Represent- laid upon the country without the consent of such a 
taxation, committee, nor any lands disposed of."* 
Chamber The result of this conference with the governor was 
chosen U by S the recognition of the committee, proposed as a chamber 
the people, f deputies, at the session of the general court, in 
May, when the following important orders were made : 

Orders of "that no trial shall pass vipon any, for life or 

ScouST" banishment, but by a jury summoned, or by the gen- 
eral court. 
Terms of "It is likewise ordered, that there shall be four gen- 
the Court. cral courts i^ e ld yearly, to be summoned by the gov- 
ernour, for the time being, and not to be dissolved 
without the consent of the major part of the court. 
Deputies "& is further ordered, that it shall be lawful for the 
of the peo- freemen of every plantation to choose two or three of 
chosen, each town, before every general court, to confer of 
and prepare such public business as by them shall be 
thought fitt to consider of at the next general court ; 
and that such persons as shall be hereafter so deputed 



THE UNITED STATES OF AMERICA. 251 



THE COLONY OF MASSACHUSETTS BAY. PART II. 

by the freemen of the several plantations to deal in Right of 
their behalf in the public affairs of the commonwealth, ch ??. sin s 

* ' public offi- 

shall have the full power and voices of all the said free- cers re- 
men derived to them for the making and establishing thTpeVple. 
of laws, granting of lands, &c, and to deal in all other 
affairs of the commonwealth wherein the freemen have 
to do ; the matter of election of magistrates and other 
officers only excepted, wherein every freeman is to *i Hist. 

i • • )»* Rec. Mass.. 

give his own voice. "* 118 ' 

These deputies or delegates, with the governor, dep- 
uty governor, and council of assistants, thereafter con- 
stituted the General Court of the colony. Thus was 
formed the first representative assembly ever held in 
New England, and the second held in America. The See Part I. 
occasion evinces a further and more ripening develop- 
ment of the element of political liberty embraced in 
the protestantism of the puritans, than we have hith- 
erto observed. This was its first free and full exercise. 
It recognizes the people as the source of all political 
power, and establishes this as a fundamental maxim in 
the organization of an essentially free government. 
Its practical elucidation and recognition, we are proud 
to say, is of purely American origin. 

In March, of the next year, it was provided by an Establish- 
order of the general court, "that there shall be four 0^°/ 
courts kept every quarter; one at Ipswich, to which and County 
Newberry shall belong ; two at Salem, to which San- i635. S * 
gurs shall belong ; three at New-Towne, to which Charl- 
ton, Concord, Meadford and Watertown shall belong; 
four at Boston, to which Rocksbury, Dorchester, Wey- 
mothe and Hingham shall belong: Every of these 
courts shall be kept by such magistrates as shall be 
dwelling in or near the said towns, and by such other 
persons of worth as shall from time to time be ap- judges of 
pointed by the general court, so as no court shall be bounty 

i 'at • ■, Courts, 

Kept without one magistrate at the least, and that none bow desig- 
of the magistrates be excluded, who can and will intend uated " 
the same ; yet the generall court shall appoint which of 



252 



THE GOVERNMENTAL HISTORY OP 



Part II. 



NEW ENGLAND. 



Assistant 
judges, 
how ap- 
pointed. 



Jurisdic- 
tion. 



Right of 
appeal. 



the magistrates shall specially belong to every of the 
said courts." 

" Such persons as shall be joined as associates to the 
magistrates in the said court, shall be chosen by the 
general court, out of a greater number of such as the 
several towns shall nominate to them, so as there may 
be in every of the said courts so many as (with the 
magistrates) may make five in all. These courts shall 
try all civil causes, whereof the debt or damage shall 
not exceed x£, and all criminal causes concerning life, 
member, or banishment ; and if any person shall find 
himself grieved with the sentence of any of the said 
courts, he may appeal to the next great quarter court, 
provided, that he put in sufficient consideration to pre- 
sent his appeal with effect, and to abide the sentence of 
the magistrates in the said great quarter court ; who 
shall see that all such that shall bring any appeal with- 
out just cause shall be exemplarily punished. 

" There shall be four great quarter courts kept yearly 
at Boston, by the governor and the rest of the magis- 
trates ; the first, the first Tuesday in the fourth month, 
called June : the second the first Tuesday in Septem- 
ber: the third the first Tuesday in December: the 
fourth, the first Tuesday in the first month, called 
March. The inferior courts shall be kept the first, the 
last Tuesday in June, and the rest the last Tuesday in 
every of the said months. 

"All actions shall be tried at that court to which the 
defendant belongs. 

"All offenders which shall be in the prison at Boston 
at the time of any court there holden, shall be tried at 
that court, except in the warrant of his commitment 
he be reserved to the great quarter court ; and it shall 
be lawful for the governour, or deputy governour, or 
any two magistrates (upon special and urgent occasion) 
to appoint courts to be kept upon other days than in 
this order are appointed. 

"And whereas the most weighty affairs of this body 



Terms of 
the great 
quarter or 
superior 
courts. 



Of the 
inferior or 
county 
courts. 



Criminal 
offenders, 
where 
tried. 



Special ses- 
sions. 



THE UNITED STATES OF AMERICA. 253 



THE COLONY OF MASSACHUSETTS BAT. PART II. 



are now, by this present order, and others formerly 
made, brought into such a way and method as there will 
not henceforth be need of so many general courts to be 
kept as formerly, it is therefore ordered, that hereafter 
there shall be only two general courts kept in a year, Number of 
viz : that in the third month called May, for elections J^™ 1 
and other affairs ; and the other, the first Wednesday limited, 

- . i it • an d terms 

in October, for making laws, and other public occasions specified, 
of the commonwealth, provided that the governor may, 
upon urgent occasion, call a general court at any other 
time, besides the two courts before mentioned. 

"And whereas it may fall out that in some of these 
general courts, to be holden by the magistrates and 
deputies, there may arise some difference of judgment Proceed- 
in doubtful cases, it is therefore ordered, thai no laT,^^*, 8 
order, or sentence shall pass as an act of the court, court in 
without the consent of the greater part of the magis- disagree* 
trates on the one part, and the greater number of the ™*£^> 
deputies on the other part, and for want of such accord, 
the cause or order shall be suspended, and if either 
party thinks it so material, there shall be forthwith a 
committee chosen, the one half by the magistrates, and 
the other half by the deputies, and the committee so * I. His- 
chosen to elect an umpire, who together shall have records 
power to hear and determine the cause in question."* Mass - 

Besides these provisions for the more perfect organi- 
zation of the government of the colony, the general 
court seems to have been very much exercised by sundry 
religious differences which had sprung up in various Reiitrjoug 
parts of the country- As early as March, 1634, the differen- 

. „ i , ' ces in the 

court did " entreat of the elders and brethren of every colony. 
church within this jurisdiction, that they will consult 
and advise of one uniform order of discipline in the 
churches, agreeable to the scriptures, and then to con- 
sider how far the magistrates are bound to interpose 
for the preservation of that uniformity and peace of 
the churches. v * 

The cause of these difficulties was attributed to the 



254 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Action of existence of too much freedom allowed to settlers in 
rafcmut locating their settlements in the colony. * The matter 
upon, having received the attention of the " elders and breth- 
matters, ren" was brought before the general court, when the 
March, following proceedings were had in reference to it. 

" Forasmuch as it hath been found by sad experi- 
ence, that much trouble and disturbance hath happened 
both to the church and civil state by the officers and 
members of some churches, who have been gathered 
within the limits of this jurisdiction in an undue man- 
ner, and not with such public approbation as were meet, 
it is therefore ordered, that all persons are to take 
notice that this court doeth not, nor will hereafter, ap- 
prove of any such companies of men as shall hence- 
Members forth join in any pretended way of church fellowship, 
of certain w }thout they shall first acquaint the magistrates, and 

churches J * ° 

not to be the elders of the greater part of the churches in this 
as free- jurisdiction with their intentions, and have their ap- 
men. probation therein. And further, it is ordered, that no 
person, being a member of any church which shall 
hereafter be gathered without the approbation of the 
magistrates and the greater part of the said churches, 
shall be admitted to the freedom of this common- 
wealth." 
Election of In May, 1636, a new election of colonial officers was 
colonial na( j wne n Henry Vane, Esq., was chosen governor, 

officers in ' J x ° 

1636. and John "Winthrop, deputy governor and a member 
of the standing council for life. At this session of the 
general court a fine was "imposed upon the freemen of 
Newberry " for choosing and sending to this court a 
deputy which was no freeman." 
Revision " Tne governor, deputy governor, Thos: Dudley,- 
©flaws. j i m Haynes; Rich. Bellingham, Esq.; Mr. Cotton; 
Mr. Peters ; and Mr. Shepherd, are intreated to make 
a draught of laws agreeable to the word of God, which 
may be the fundamentals of this commonwealth, and 
to present the same to the next general court. And 
it is ordered, that in the mean time the magistrates and 



THE UNITED STATES OP AMERICA. 255 

THE COLONY OF MASSACHUSETTS BAY. PART II. 

their associates shall proceed in the courts to hear and The Bible 
determine all causes according to the laws now estab- £ the abo- 
lished ; and where there is no law, then as near the sence of . , 

any sp6ci&l 

law of God as they can ; and for all business out of law. 
court for which there is no certain rule yet set down, 
those of the standing councel, or some two of them, 
shall take order by their best discretion, that they may 
be ordered and ended according to the rule of God's 
word ; and to take care for all military affairs till the * l - ^ st# 
next general court."* 174. 

In order to give a more complete idea of the colo- 
nial government, its independent position, and the alle- 
giance it demanded, we subjoin the following forms of 
oaths administered within its. jurisdiction. 

" The oath of a resident. I, A. B., being by God's provi- Resident's 
dence an inhabitant within the jurisdiction of this com- allegiance 
monwealth, do freely and sincerely acknowledge myself tothecoio- 
to be subject to the government thereof, and therefore 
do here swear, by the great and dreadful name of the 
ever living God, that I will be true and faithful to the 
same, and will accordingly yield assistance and support 
with my person and estate, as in equity I am bound, 
and will also truly endeavor to maintain and preserve 
all the liberties and privileges thereof, submitting my- 
self to the wholesome laws made and established by the 
same ; and further, that I will not plott nor practice 
-any evil against it ; nor consent to any that shall so do, 
but will timely discover and reveal the same to lawful 
authority, now here established, for the speedy prevent- 
ing thereof; so help me God in the Lord Jesus Christ." 

"The oath of a Freeman. I, A. B., being by God's Freeman's 
providence an inhabitant and freeman within the juris- ^eeiaLe 
diction of this commonwealth, do freely acknowledge t0 thc colo- 
myself to be subject to the government thereof, andemnS 
therefore do here swear, by the great and dreadful name 
of the ever living God, that I will ever be true and 
faithful to the same, and will accordingly yield assist- 
ance and support thereunto with my person and estate, 



256 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Freeman's as in equity I am bound, and will also truly endeavor 
to maintain and preserve all the liberties and privileges 
thereof, submitting myself to the wholesome laws made 
and established by the same ; and further, that I will 
not plot nor practice any evil against it, nor consent to 
any that shall so do, but will timely discover and reveal 
the same, to lawful authority now here established, for 
the speedy preventing thereof: Moreover, I do solemn- 
ly bind myself in the sight of God, that when I shall 
be called to give my voice touching any such matter of 
this state, wherein freemen are to deal, I will give my 
vote and suffrage as I shall in my own conscience judge 
best to conduce and tend to the public weal of the body, 
without respect of persons or favor of any man — so help 
me God in the Lord Jesus Christ." 
Oath of the " The oath of the Governour. Whereas you are chosen 
andTssist- *° ^ nc P^ ace °f * ne governour over this jurisdiction for 
ants, this year and till a new be chosen and sworn, you do 
here swear by the living God that you will in all things 
concerning your place, according to your best power 
and skill, carry and demean yourself, for the said time 
of your government, according to the laws of God, and 
for the advancement of his gospel, the laws of this land, 
and the good people of this plantation ; You shall do 
justice to all men' without partiality; you shall not ex- 
ceed (as much as in you lieth) the limitations of (a 
governour or assistant) in your places." 
Order lim- Similar oaths were administered to the deputy-gov- 
mmfberof crnor an d assistants, or members of the council, accord- 
Deputiestoing to their respective places. In September of this 
ai Court, y ear the number of delegates to the general court was 
1636. limited by an order as follows — "that, hereafter, no 
town in the plantation that hath not ten freemen resi- 
dent in it shall send any deputy to the generall courts; 
those that have above ten and under twenty, not above 
one; betwixt twenty and forty, not above two; and 
* 1 Hist, those that have above forty, three if they will, and not 

Rec. Mass. , lf- * ' 

178 above. * 



THE UNITED STATES OF AMERICA. 257 



THE COLONY OF MASSACHUSETTS BAT. PART II. 

Various action seems to have been taken by the gen- Colonial 
eral court, from time to time, respecting the prepara- i aw8# 
tion of a code of laws for the colony, but I do not find 
them anywhere embodied into a regular system. They 
seem to exist only in the form of general orders refer- 
ring to some supposed code, which, if it had any actual 
tangible existence at this early period, has not been 
preserved among their records. Enough is recorded, 
however, and we have transcribed sufficient to enable 
us to discern the basis of their government, the religious 
as well as political elements wliich entered into its 
constitutional organism and forms of administration. 
Its grand, characteristic, and most imposing feature, 
was its recognition of a Protestant Christianity as essen- 
tial to the existence of freedom in the social, municipal, 
and state organizations. 

While the puritans sought to secure freedom of con- Its protest- 
science and freedom of worship in matters of religion, 
they forgot not that there was also a political element 
in protestantism which more essentially conserved the 
existence of a free government and free institutions, 
whether social, political, literary or religious. Hence we 
find them establishing in this new world a frame-work 
of society, and institutions of government, of education, 
of humanity, and religion, which even in the infancy of 
their existence attract the wonder and admiration of 
mankind. They were of themselves. They were found- Success of 
ed on no models in the past. Indeed theirs was an ex- j^ v colony ' 
periment so hazardous, so new, so unprecedented in the viewed in 
history of nations, so unsuspected even by the powers i636-3s! 
of the parent state — which saw them go forth more as 
exiles to be despised than as subjects to be cared for 
and nourished — that we are not surprised at the aston- 
ishment with wliich the crown and the mitre heard of 
their success ; or the jealousy with which their free and 
independent assumptions of political power were now 
regarded. 

But it was not the crown alone, or the ecclesiastical 
17 



258 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Success of hierarchy alone, the whole people of England were alike 
how C ° ° ny astounded at the result. A well ordered commonwealth 
viewed in — f or that was the dignified language of their enact- 

England, . .7 

1636-38. ments — had arisen, as it were in a night, on the inhos- 
pitable shores of New England. Men looked towards 
it not only as religionists persecuted for opinion's sake, 
but also as politicians and statesmen, as merchants and 
tradesmen, as artisans and mechanics, as manufactur- 
ers and operatives: The commoner and the peasant as 
well as the diplomatist, the jurist, and the divine, each, 
all, now saw something attractive to them in this home 
opened to industry, enterprise, and freedom. 
Opposition The Crown was alarmed. Archbishop Laud, enraged 
England. that so many victims of ecclesiastical censure were 
escaping across the waters, appalled at the growth of 
the puritan party in England, and the increase of their 
settlements, their population, and power, in New Eng- 
land, prevailed upon Charles I. to issue a special proc- 
Emigra- lamation prohibiting all masters of vessels from trans- 
New En"-- porting any persons whatever to America, without a 
land pro- license from the crown or some magistrate. Among 

hibited. , _ , . , . f . ° 

the number of those who had prepared to emigrate, and 

Oliver were prevented by this interposition of the royal pre- 

and'others rogative, was Oliver Cromwell. He had actually sailed, 

restrained but the vessel in which he had embarked meeting with 

contrary and tempestuous winds, was driven back into 

* Robert- port, and thus he became a subject of this interdict.* 

terbotham ^ nen we think of his after career, his restless spirit, 

his sturdy and aspiring intellect, we cannot help losing 

ourselves in speculating upon the probable results to 

America, to mankind, had he then carried his purposes 

Conse- into execution. But it was his career at home, the 

^ e e "^^ f revolution which he afterwards accomplished in Eng- 

dict. land, which gave a new complexion to the aspect of 

affairs in the mother country, and to the condition of 

the colonies in America, and tended to stamp still more 

indelibly upon the puritan settlements of New England 

the political features which they had already exhibited. 



THE UNITED STATES OF AMERICA. 259 

THE COLONY OF MASSACHUSETTS BAY. PART II. 

Under his protectorate laws were enacted by them 
securing to themselves the most liberal benefits; and it 
was during the disturbances of his administration that 
they took occasion to associate in a confederacy which 
formed a bond of union and sympathy between them 
never thereafter to be broken or sundered. 

The crown, at the further instigation of Archbishop j" rth f er ° r " 
Laud, established or appointed a council of " commis- crown, 
sioners for foreign plantations," to investigate the 
affairs of the companies which had planted the settle- 
ments in America. Laud was placed at the head of 
this council. Among other things, they were directed 
" to cause the revocation of such letters patients as were 
unduly obtained, or contained grants of powers and 
privileges infringing upon the royal prerogatives." Writ of 
The result of this investigation was, that The Grand nm to i s - 
Council at Plymouth surrendered back its patent to 8 "^* 
the crown. This laid the foundation for a writ of quo Massachu- 
warranto, which was issued against the governor andcoAells. 
company of the Massachusetts Bay, and upon which it 
was adjudged, that by removing it to New England 
the company had forfeited its charter. We cannot 
question the justice of this adjudication, but it does 
not appear that any proceedings were instituted in pur- Its charter 
suance of it further than that the council of commis- b^deHv-* 
sioners ordered the governor and company to send er ed up. 
their charter back to England to be canceled. 

Governor Winthrop says that this order was pro- 
duced before the general court of the colony, when "# Colonial 
was agreed that whereas a very strict order was sent act!on up " 

° J on the or- 

from the lords commissioners for foreign plantations, der, June 
for the sending home our pattent, upon pretence that ' 1688 ' 
judgment had passed against it upon a quo warranto; 
a letter should be written by the governour in the name 
of the court to excuse our not sending it : For it was 
resolved to be best not to send it, because then such of 
our friends and others in England would conceive it to 



260 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Colonial De surrendered, and that thereupon we should be bound 

action on . * 

the order to receive such a governour and such orders as should 
the g char- P ^ e sent to us > an( ^ many bad minds, and some weak 
ter, 1638. ones among ourselves, would think it lawful if not nec- 
essary, to accept a general governor."* 

This letter was afterwards drawn up by Governor 
Letter to Winthrop " by way of honorable petition." Its cau- 

the com- , . f ■' , * *, 

missioners. tious and prudent language was — " we dare not ques- 
tion your lordships' proceedings in requiring our pat- 
tent to be sent unto you ; we only desire to open our 
griefs, and if in anything we have offended his majesty, 
or your lordships, we humbly prostrate ourselves at the 
footstool of supreme authority : We are sincerely 
ready to yield all due obedience to both : We are not 
conscious that we have offended in anything as our gov- 
*Win- eminent is according to law : We pray that we may be 
tbrop's suffered to live in the wilderness."* The transmission 

journal. .. 

oi the patent was thus evaded and postponed. 
The trans- Thus again it was that this commercial corporation, 
' established in London under the eye of the crown, became 
a well-ordered municipal organization in New England. 
Thus under the triple aspect of religious zeal, commercial 
enterprise, and political partizanship, puritanism suc- 
ceeded in establishing an independent colony in America. 
The moment and the circumstances were singularly 
opportune, whether we regard the aspect of affairs in 
the mother country or in the colony itself. The revo- 
cation of the charter to the company, whether it was 
delivered up to be canceled or not, was deemed also to 
have canceled the conditions of allegiance to the 
crown for which the charter stipulated : The king's 
interdict upon emigration kept at home the elements 
of a revolution hazardous alike to his person and his 
crown, which might otherwise have been spent in build- 
Position of ing up the new country: And thus the Massachusetts 
the colony. g a y company, now a thriving colony on the coast of 
New England, was left to be the arbiter of its own gov- 
ernment and institutions, while the parent state was 



THE UNITED STATES OP AMERICA. 261 

THE COLONY OF MASSACHUSETTS BAY. PART II. 

being convulsed by scenes of anarchy, confusion, and 
civil war. It is well said by Dr. Robertson, that " from 
this period we must consider this colony, not as a cor- 
poration whose powers were defined, and its mode of 
procedure regulated by its charter, but as a society 
which, having acquired political liberty, had by its own 
voluntary deed adopted a constitution of government 
framed on the model of that of England : " But, we 
may add, in many of its most essential and interesting 
features widely different. 

The domestic troubles which soon after visited Charles Domestic 
I., a monarch more weak than wicked, brought his charfesL 
head to the block, dispersed the commissioners appoint- 
ed to superintend the offices of his colonies in America, 
and preserved their charter to the governor and com- 
pany of the colony of Massachusetts Bay. 

The governor, deputy governor, and council ofConstitu- 
assistants, with the deputies or representatives, sat as ^ e ^ the 
one house until the year 1644, when they were divided colonial 
into two branches. The governor, deputy governor isT-l y ' 
and assistants, forming the upper branch, and the repre- 
sentatives the lower, each of which had a negative 
upon the acts of the other. 

Charles I. was executed on the thirtieth day of Suspension 
December, 1649, when the parliament succeeded in JJowe/m* 1 
assuming those attributes and prerogatives of sover- England, 
eignty for which it had so long, and in many respects 
so wrongfully, contended with the crown. This might 
be called the transition state of the political elements 
of freedom, embraced in the protestantism of the puri- 
tans. It was, at its commencement at least, nothing 
more or less than anarchy in religious, and anarchy in 
civil matters. Between the arbitrary exactions of tyran- 
ny in the church and state on the one hand, and the 
extravagant demands of licentious factions on the 
other, liberty and religion had fallen into a state of 

absolute chaos and confusion. This condition of things The com " 

& m on- 
resulted 111 the establishment of what was called " the wealth. 



262 ' THE GOVERNMENTAL HISTORY OP 

Part II. nkw England. 

The com- commonwealth," wherein the parliament became the 
an dthe alth supreme power in the state. This was again changed 
protector- by Oliver Cromwell, who, at the head of an army, 
Cromwell entered parliament and wrested from its grasp those 
1649-60. ver y attributes and prerogatives which parliament had 
plundered from the crown. Hence originated the form 
of government called the protectorate. Oliver Crom- 
well was its embodiment. But neither in his political, 
his religious, his social, or his domestic character, was 
he the fit representative of true freedom. Liberty 
lived indeed, but she survived only as it were by gasp- 
ing through the foeted atmosphere and painful throes 
See Part I. °f ^ ls turbulent administration. "When he died no one 
was found capable of controling the elements, or riding 
the storm, or healing the maladies which oppressed the 
nation. Sovereignty, liberty, religion, life and prop- 
erty, were tossed about between the various factions, 
political and religious, civil and ecclesiastical, existing 
in the army, in parliament, in the church, and among 
the people, until the monarchy was again restored, and 
Charles II. was proclaimed the true and only lawful 
sovereign of England. 
Favorable These convulsions which so sickened the parent state, 
gretfof™ hardly disturbed her distant colonies in America. The 
freedom in cause s which in the former were producing anarchy, 
menca. crue ^ revolution and bloodshed, were in the latter 
developing new features in civilized society, opening 
the resources of a strange land, establishing the insti- 
tutions of freedom and religion on a purer and more 
enduring basis, and producing the richer fruits of law, 
order, and good government. This, if we may so ex- 
press it, was the Americanism of protestantism, and 
must ever make protestantism dear to all true Amer- 

The res- icans. 

toration of Charles II. returned to London and took possession 
archyTn- of the throne of his father on the eighth day of June, 
if i660. eS 166 °- The commencement of his reign was the reac- 
tion of monarchy as it struggled up from among the 



THE UNITED STATES OF AMERICA. 263 

THE COLONY OF MASSACHUSETTS BAY. PART II- 

discordant elements which had disrobed it of its su- 
premacy, and tarnished the lustre of its diadem. It 
inflicted its revenge by acts of injustice, cruelty, and 
wrong, which make humanity shudder with abhorrence. 
Not only the, living, but the dead also, were made the The reac- 
objects of its hideous resentment. The judges who had ^archy 
condemned Charles I. were sentenced to a terrible upon its^ 
retribution. The bodies of Cromwell and his coadju- Eents. 
tors were plucked from their graves and desecrated 
with a refinement of malice at the manifestations of 
which even demons might stand dismayed. Mournful 
indeed was the ordeal through which his kingdom was 
compelled to pass before the numerous factions which 
had convulsed it seem to have subsided under Charles 
II. The political as well as the religious elements of 
protestantism, however, continued to swell the ranks 
of the puritan party, which was still kept alive by the 
efforts made to enforce the religion and the ritual of the 
established church, and to reinstate the crown in full 
supremacy. 

The colony of Massachusetts Bay had admitted nei-The res- 
ther the prerogatives claimed for the crown, nor the ^^g 
powers assumed by parliament, and refused to yield colonies in 
obedience to the mandates of the commonwealth and 
the protectorate. The colony of Virginia, as we have 
elsewhere observed, though it surrendered to the com- • 

missioners of the commonwealth, nevertheless virtually Part I. 
declared itself in favor of the regal power by enact- 
ments condemnatory of the execution of Charles I. ; 
while it also eagerly hastened to tender its obeisance 
upon the restoration of the monarchy in the person of 
Charles II. His government over them would have 
been of an arbitrary and oppressive character had 
they not grown to a degree of strength which enabled 
them to defeat the encroachments attempted upon their 
rights and independence. The ready loyalty of Vir- 
ginia was rewarded by many acts of favoritism, while 
the colony of Massachusetts Bay was pursued with a 



264 THE GOVERNMENTAL HISTORY OF 

Part II. new en gland. 

Under spirit of unrelenting hostility. Three of the judges 
froiifieeo' w ^ 10 sat m judgment over Charles L, fled to New Eng- 
to 1685. land, and were there shielded from the royal resent- 
ment, which drew towards those colonies the fierce in- 
dignation of the crown. Besides this the commercial 
regulations established by what were called the naviga- 
* See Part tion acts* met with a resolute resistance and evasion in 
Berkeley's the colony of Massachusetts Bay, and drew from its 
report. general court, from time to time, protests, resolutions, 
and remonstrances, in which they set forth and vindi- 
cated, ably and effectively, their own rights, and pre- 
scribed limits beyond which neither the power of the 
crown, or the interference of parliament, could be tol- 
erated. 
Board of These spirited exhibitions of political independence 
sioueraap- werG regarded as indicating a disposition to throw off 
pointed by entirely their allegiance to the sovereignty of the parent 
1664. ' state ; and a board of commissioners was appointed to 
examine into and regulate their affairs. The presence of 
these commissioners among them was hardly respected, 
How and their authority was wholly set at nought by the gen- 
Sa^Ba 1 cra * court °f tne c °l° n y> while they still hesitated not to 
avow their allegiance to their sovereign lord the king. 
While they thus maintained with a determinate and per- 
sistent consistency the liberties which they had acquired 
by so much suffering and self-sacrifice, there was still in 
the noble hearts of our puritan fathers a degree of loyalty 
which well deserved the admiration and sympathy of 
the crown. These characteristics arc beautifully and 
Their ap- effectively pourtrayed in their simple and touching ap- 
the com™ P eal from the arbitrary proceedings of the king's com- 
missioners missioners, remonstrating against their interference in 
Sown. the affairs of the colony, wherein they conclude—" let 
our government live ; our charter live ; our magistrates 
live ; our laws and liberties live ; our religious enjoy- 
ments live ; so shall we all yet have further cause to 
say from our hearts, let the king- Iwe forever." 

How far it may have originated in the licentious 



THE UNITED STATES OP AMERICA. 265 

TIIE COLONY OF MASSACHUSETTS BAY. PART II. 

spirit of the age we leave for casuists and physiologists Under 
to determine, but it is a singular fact in connection Pr?? I ; r*' 
with the progress of freedom in England and America, 
that at about this time the plague made its appearance The plague 
and its fearful ravages in London. This, together with "J L ondou > 

° 7 D 1000. 

the great fire which broke out the next year, laying 
nearly the whole city in ruins, again diverted the atten- 
tion of the crown and its commissioners from its colo- 
nies in America, and left them in the unrestrained en- 
joyment of their charters, and their liberties ; while 
they tended also to promote the interests and increase 
the strength of puritanism in England. 

"One great benefit the plague brought to the city," Effect of 
(of London), says the Rev. Richard Baxter, who lived in x ^t$t 
the midst of it, " it occasioned the silenced ministers progress of 
more openly and laboriously to preach the gospel, to the religious 
exceeding comfort and profit of the people, insomuch libert y« 
that to this day the freedom of preaching, which this 
occasioned, cannot by the daily guards of soldiers nor 
by the imprisonment of multitudes be restrained. The 
ministers that were silenced for non-conformity, had 
ever since 1662 done their work very privately and to 
a few ; not so much through their timorousness, as their 
loathness to offend the king, and in hope that their for- 
bearance might procure them some liberty, and through 
some timorousness of the people that would hear them. 
When the plague grew hot, most of the conformable 
ministers fled, and left their flocks in the time of their 
extremity ; whereupon divers non-conformists, pitying 
the dying and distressed people, who had none to call 
the impenitent to repentance, or to help men to prepare 
for another world, or to comfort them in their terrors, 
when about ten thousand died in a week, resolved that 
no obedience to laws of mortal men whatsoever, could 
justify them in neglecting men's souls and bodies in 
such extremities. They, therefore, resolved to stay with 
the people, and to go into the forsaken pulpits, though 
prohibited, and to preach to the poor people before they 



266 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Under died ; also to visit the sick and get what relief they 
1660-85 11 ' cou ^ f° r tne destitute, especially those that were shut 
up. Often those heard them one day, who were sick 
the next, and quickly dead. The face of death did so 
waken both the preachers and the hearers, that preach- 
ers exceeded themselves in lively, fervent preaching, 
and the people crowded constantly to hear them. All 
was done with great seriousness, so that, through the 
blessing of God, abundance were converted from their 
carelessness, impenitency, and youthful lusts and vani- 
ties ; and religion took such hold on many hearts, as 
could never afterwards be loosened. " 
The great And speaking also of the great fire in London, the 
London same writer says : — " thus was the best and one of the 
1666. fairest cities in the world turned into ashes and ruins 
in three days' space, with many scores of churches, and 
the wealth and necessaries of the inhabitants. It was 
a sight which might have given any man a lively sense 
of the vanity of this world, and of all its wealth and 
glory, and of the future conflagration, to see the flames 
mount towards heaven, and proceed so furiously with- 
out restraint ; to see the streets filled with people, so 
astonished that many had scarcely sense left them to 
lament their own calamity ; to see the fields filled with 
heaps of goods, costly furniture, and household stuff, 
while sumptuous buildings, warehouses, and furnished 
shops, and libraries, &c, were all on flames, and none 
durst come near to secure anything. To see the king 
and nobles ride about the streets, beholding all these 
desolations, and none could afford the least relief ; to 
see the air, as far as could be beheld, so filled with the 
smoke, that the sun shined through it with a color like 
blood, yea even when it was setting in the west, it so 
appeared to them that dwelt on the west side of the 
city. But the dolefullest sight of all was afterwards, 
to see what a ruinous, confused place the city was, by 
* chimneys and steeples only standing in the midst of 
cellars and heaps of rubbish, so that it was hard to 



THE UNITED STATES OF AMERICA. 267 

THE COLONY OF MASSACHUSETTS BAY. PART II. 

know where the streets had been, and dangerous for a Under 

; 1 Charles II., 

long time to pass through the ruins, because ot vaults 1660-85. 
and fire in them. No man that seeth not such a thing 
can have a right apprehension of the dreadfulness 
of it." 

" Some good, however, rose out of all these evils. Effect of 
The churches being burnt, and the parish ministers fi re on the 
gone for want of places and maintenance, the non-PJJJs^sof 
conformists were more resolved than ever to preach religious 
till they were imprisoned. All kept their meetings l 
very openly, and prepared large rooms, and some of 
them plain chapels, with pulpits, seats and galleries, for . 
the reception of as many as could come. The people's 
necessity was now unquestionable. They ^ had none 
other to hear, save in a few churches that would hold 
no considerable part of them ; so that to forbid them 
to hear the non-conformists, was all one as to forbid 
them all public worship, to forbid them to seek heaven 
when they had lost almost all that they had on earth, 
to take from them their spiritual comforts after all their 
outward comforts were gone. They thought this a 
species of cruelty so barbarous, as to be unbecoming 
any man who would not own himself to be a devil. 
But all this little moved the ruling prelates, saving that 
shame restrained them from imprisoning the preachers 
so hotly and forwardly as before. The Independents 
also set up their meetings more openly than formerly, 
and many, who were their leaders, came to the city ; 
so that many of the citizens went to those meetings 
called private, more than went to the public parish 
churches. 

" At the same time it also happily so fell out that the * Orme's 
parish churches which were left standing had the best Times^f 
and ablest conformists in them. So that the moderate Richard 
class of the citizens heard either sort in public and pri-vol. I.' 
vate indifferently : * While those on one extreme re- 
proached all men's preaching save their own as being- 
seditious conventicles ; and those on the other extreme 



268 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

f!, ndt ; r TT would hear none that did conform ; or if any heard 

Charles II., .... 

1660-85. them, they would not join in the common prayers or 
the sacraments. — About this time the talk of liberty 
of conscience was renewed, whereupon many wrote 
for it." 

" The ministers of London who had returned to keep 
open meetings in their houses, and preached to great 
numbers contrary to the law, were, by the king's favor, 
connived at ; so that the people went openly to hear 
them without fear. Some imputed this to the king's 
own inclination to liberty of conscience ; some to the 
Duke of Buckingham's prevalency, and some to the 
papists' influence, who were for liberty of conscience 
for their ^wn interest. But others thought that the 
papists were really against liberty of conscience, and 

Effect of did rather desire that the utmost severities might ruin 

the great . , ,. . . 

fire on the the puritans, and cause discontents and divisions among 
p . r °^ res ^ of ourselves, till we had broken one another all into pieces, 
religious and turned all into such confusion as might advantage 
1 er y " them to play a more successful game than ever tolera- 
tion was likely to be. "Whatever was the secret cause, 
it is evident that the great visible cause, was the burn- 
ing of London, and the want of churches for the peo- 
ple to meet ; it being, at the first, a thing too gross, 
to forbid an undone people all public worship with too 
great rigor ; and if they had been so forbidden, pov- 
erty had left them so little to lose as would have made 
them desperately go on." 

" Whatever was the cause of the connivance, it is cer- 
tain that the country ministers were so much encour- 
aged by the boldness and liberty of those of London, 
that they did the like in most parts of England, and 
crowds of the most religiously inclined people were 
their hearers. Some few got, in the way of traveling, 
into pulpits where they were not known, and the next 
day went away to another place. This, especially with 
the great discontents of the people for their manifold 
payments ; and of cities and corporations for the great 



THE UNITED STATES OF AMERICA. 269 

THE COLONY OF MASSACHUSETTS B4Y. PART II. 

decay of trade, and breaking and impoverishing of tinder 

., -, , ., , . , „ . , Charles II., 

many thousands by the burning ot the city ; together uw-85. 
with the lamentable weakness and badness of great num- 
bers of the ministers that were put in the non-conform- # 
ists' places, did turn the hearts of most of the common * Orme's 
people, in all parts, against the bishops and their ways, T j n j e g D £ 
and inclined them to the non-conformists, though fear Richard 

Baxter 

restrained them from speaking what they thought, espe- y i i. ' 
cially the richer sort." * 

Thus we see how the elements of freedom embraced 
in the protestantism of the puritans were at work, infus- 
ing its principles of.toleration and of philanthropy into 
the minds, and commending them to the hearts of the 
people. Quieting their discontents and soothing their 
distresses, and thus relieving the nation from the out- 
breaks which might otherwise have resulted from their 
losses and poverty. Thus, too, the necessities brought 
upon the mother country by these terrible calamities, the 
plague and the fire, saved the colonies in America from 
any troublesome interference with their progress, and left 
them for awhile at least to a more independent growth. 

Soon after the close of the Indian wars in New Ens- 
land, the controversy between the colonies and the 
crown, originated in the navigation acts, which more or 
less excited hostility from the time of their first pro- 
mulgation, was again revived. These acts were osten- 
sibly designed to regulate the commerce between the 
mother country and her settlements in America, while The navi- 
at the same time they served indirectly to increase the fnSs^ 3 
revenues of the kingdom. They were more particularly chusetta 
offensive to the New England people because of the ay ' 
immense trade which was carried on between them and 
the ports of Great Britain. The Colony of Massachu- 
setts Bay, whose ports, Boston and Salem, contained 
the most prominent commercial establishments, and 
were the chief emporium of trade in New England, 
manifested the most spirited hostility to these acts. 
She claimed by popular protestations and in her legis- 



ation and 
taxation 



270 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Under lative assemblies, that they not only embarrassed her 
jgg^fgg 11 "' trade and crippled the enterprise of her people, but 
also insisted that the burdens they imposed were unlaw- 
ful, being prescribed by a legislative body in whose 
enactments her people had no participation, inasmuch 
as they were not represented in parliament. 
Represent- That the right of imposing taxes or burdens of any 
kind upon a people cannot be exercised in any legislative 
body, or by any government, without their consent, 
given in person or by their representatives, is an axiom 
of freedom which may have been found in old record 
books, or blind parchments, at an* earlier date than 
this ; but its practical development and the full eluci- 
dation of its justice and equity are pre-eminently 
American. In some of its aspects we have seen it 
illustrated in the controversy between the governor 
and council and the house of burgesses in Virginia ; 
and now in another of its phases we find it the subject 
of a spirited controversy between the people of New 
England and the ruling powers at home. It was but 
the germ, however, whose growth was to be the pre- 
cursor of a more vigorous conflict thereafter, although 
The char- its development now resulted only in the declaration 
dared that the charter of Massachusetts Bay was again for- 

forfeited. f e ited. 

Acces- Charles II. died in the year 1685, and was succeeded 

Jame^ II. by J ames H., who manifested a like hostility to the 
1685. spirit of freedom and independence which was devel- 
oping itself in various ways in the colonial governments 
in America, and especially in New England. He estab- 
His colo- lished over them a court of commissioners consisting 
ma po icy. ^ ^ governor and council, at the head of which was 
Sir Edmund Andros, a man second only to the king 
Sir Ed- himself in his personal ambition and in the arbitrary 
dros ap- " exercise of power. He arrived in Boston in December, 
yOUmiZL. 1686, and at once assumed the reins of government 
over the whole of New England, under the title of 
governor general of the colonies. He proclaimed 



governor. 



THE UNITED STATES OP AMERICA. 271 

THE COLONY OF MASSACHUSETTS BAT. PART II. 

their governments all dissolved, demanded the sur- Under 
render of their charters, and proceeded to exercise i^I^q 
over them the prerogatives of kingly power. 

But the time had gone by -when the mere edict of The value 
the crown, or the ex parte judgment of a court in f"^ 11 ?^ to 
England, or the presence of royalty in the person of tera by the 
Sir Edmond Andros even, decreeing the nullity of a coomes * 
colonial charter, could operate with any permanent or 
essential force in America. Though the charters of the 
colonies generally were the ostensible basis of their 
respective governments and forms of administration, 
yet their existence was not by any means necessary to 
support the superstructure which had been raised over 
them. All that was essential to the freedom which 
they had acquired, whether political or religious, was 
their own ordinances and enactments made without 
any special reference to, and in many instances entirely 
in conflict with, the provisions of their charters. In- 
deed, their own independent action was in reality the 
foundation of all their free laws and institutions, 
although it may have purported in some instances to 
have been grounded on the dead letter of their patents 
from the crown. 

The issue of this struggle for their rights was so Character 
colored by the condition of things in the parent state, and rei s n 
that we must glance for a moment at the reign of n. 
James II., in order to trace the causes which gave to 
the controversy its beneficent results. That reign was 
not of long duration. Jaines became at once on his 
accession to the throne involved in a fearful conflict 
with his subjects at home, by the arbitrary and oppres- 
sive use of his prerogatives, and his attempt to re-estab-SeePAinI. 
lish the power of Romanism in his kingdom. He sent He at- 
aii ambassador to Rome, and in turn the pope sent a tcmpts *? 

r i restore the 

nuncio to the court of Saint James. The nuncio wasP ower « f 
received publicly by the king, and welcomed and enter- Eom&n[sm ' 
tained at his court, with the most imposing and pompous 
displays of royal favor. James united in the celebra- 



272 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Papal pro-tion of high mass, he disregarded the authority of 
cimties of parliament, and to crown all, he erected an ecclesias- 
tical court of commissioners, and invested it with 
supreme power over the established church. This 
course of conduct awakened the most lively apprehen- 
sions of the nation, and arrayed against his administra- 
tion, so to speak, all classes of protestants. It involved 
the kingdom of Great Britain in the most terrible civil 
commotion that had yet threatened the stability of the 
throne. The result was what has been aptly termed 
The Revo- the Revolution in England. In the civil war which 
1688. he brooded, the king was abandoned both by the army 
and the people, and in his extremity he fled to France. 
Flight and parliament declared his flight to be an abdication of 
oftheking. his crown, and that the throne was thereby vacated. 
William and Mary, prince and princess of Orange, 
were accordingly invested with the sovereignty, were 
The sue- declared king and queen of Great Britain, and the 
established succession was established in their line by act of par- 
ky law - liament, by Law. 

Nature and This revolution was in fact a conflict between the 
conflict the supremacy of protestantism, law, and liberty, on the 
one side ; and the divine right of the king and the 
supremacy of the pope on the other. The result was 
a more full and triumphant development of those 
political elements in protestantism which conserve 
freedom than had yet been known in the progress of 
the reformation in England. It had been reserved, as 
we have seen, for the colonics planted in America first 
practically to promulgate the political axiom that in a 
free government the people are the true and only 
source of power. In the triumph of this same princi- 
ple in the mother country, who shall say how much 
The will of was due to the reactive influence of their example, and 
the people tne f orc ible illustrations which they had given of its 

recognized .„ n + i 

asanele- beneficent operation? Henceforth the will oi uie 



povcretn- P eo P^ e became a component element in the crown s 
ty. ° title to sovereignty, and the kingdom of Great Britain 



THE UNITED STATES OF AMERICA. 273 

THE COLONY OP MASSACHUSETTS BAY. PART II. 

rejoiced under a free constitution and a popular sov- 
ereignty. The establishment of it healed her own 
political maladies, while it also allayed many of the 
sources of jealousy and hostility which had hitherto 
agitated her colonies in America, and tended to estab- 
lish on a more enduring basis the extensive commercial 
relations which had grown up between the two coun- 
tries, and which thenceforth rapidly promoted the pros- 
perity of both. 

The intelligence of the English revolution was re- The Revo- 
ceived by the people in the colony of Massachusetts regarded in 
Bay with open demonstrations of joy, and revived the Mass - Ba y- 
hope that their ancient charter might be again restored 
to them. Catching the inspiration of that spirit which 
had thus revolutionized the parent state, and obliter- 
ated the authority of James II., the people of the 
colony took up their arms, deposed Sir Edmond 
Anclros and his council, sent them back to England, 
and re-established their own governor and council in 
the exercise of the authority and powers which they 
had formerly claimed under their charter. The crown 
assented to the exercise of these forms of government 
until such time as it should provide a new charter. 
This was issued in the year 1691. Under it the col- The colony 
ony was incorporated as a royal province, and con- led°under "a 
tinued to be known as such until after the American new char_ 
Revolution. ' 

The principal features wherein the government 
under this charter differed from that under the former, 
will be more particularly noticed in the third part of 
this work. The colony now included within its terri- Precincts 
torial limits— "all the old colony of Massachusetts Bay, ^yunder" 
the colony of New Plymouth, the province of Maine, the new 
the territory called Acadia or Nova Scotia, and all the charter - 
islands lying between Nova Scotia and Maine, under 
the name of The Province of Massachusetts Bat in Marshall's 
New England."* Colonies - 

18 



274 THE GOVERNMENTAL HISTORY OF 

Part II. . new England. 

Connecticut and New Haven. 

These colonies are next in order in the progress of 

Quohnetta- our history. This territory, now comprehended within 

Long Riv- the limits of the State of Connecticut, was originally 

er - conveyed by the Grand Council of Plymouth to the 

♦Marshall's then Earl of Warwick, in the year 1630.* This grant 

o omes. f rom t j ie company was confirmed to the grantee by a 

patent from Charles I., and was subsequently conveyed 

by the Earl to Lord Sey and Seale, Lord Brooke and 

others, in 1631. In 1632 these patentees sent out an 

expedition to explore the coast and the interior of the 

country, which penetrated the Connecticut river as far 

up as the present town of Windsor, but it does not 

appear that they made any efficient arrangements for a 

settlement of the country. 

What were called forts, or trading stations, were 
established by adventurers from New Plymouth, at 
Windsor; and by the Dutch from New Amsterdam, 
now New York, at the confluence of the "little river" 
with the Connecticut, now called "Dutch point," at 
Hartford, early in the year 1633. 
The trad- In 1635 one of these trading stations was planted 
Gov.°Win- on the west bank of the Connecticut river, near its 
throp on mouth, under a commission to John Winthrop, a son 
ticut,i635. of the governor of Massachusetts Bay, as follows: 
*iHaz- * Articles made between the right honorable the 
Papers^ 6 Lord Viscount Say and Seale, Sir Arthur Hasselrig, 
395-6.' baronet; Sir Richard Saltonstall, knight; Henry Law- 
rence; Henry Darley; and George Fenwick, Esqs., on 
the one part ; and John Winthrop, Esq., the younger, 
of the other, the seventh of July, 1635. 
Compact First. That we in our names, and the rest of the 
Jno W< Win- company, do by these presents appoint John Winthrop 
thr °P' Jr > the younger, governour of the river connetticote in New 
' England, and of the harbour and places adjoining, for 
the space of one year from his arrival there — And the 
said John Winthrop doth undertake and covenant for 



THE UNITED STATES OF AMERICA. 275 

THE COLONIES OF CONNECTICUT AND NEW HATEN. PART II. 

his part, that he will with all convenient speed repair Origin of 
to those places, and there abide as aforesaid for the best f connec- 
advancement of the company's service. tlcut - 

Secondly. That so soon as he comes to The Bay, he To procure 
shall endeavor to provide able men to the number of ^y out the 
fifty at least, for making of fortifications and building station. 
of houses at the river connetticote, and the harbour 
adjoining — first for their own present accommodation, 
and then such houses as may receive men of quality, 
which latter houses we would have to be builded within 
the fort. 

Thirdly. That he shall employ those men according To super- 
to his best ability for the advancement of the company's their erec- 
service, especially in the particulars above mentioned, tion. 
during the time of his government, and shall also give 
a true and just account of all the monies and goods 
committed to his managing. 

Fourthly. That for such as shall plant there now, in Location 
the beginning, he shall take care that they plant them- efort - 
selves either at the harbour, or near the mouth of the 
river, that these places may be the better strengthened 
for their own safety, and to that end that they also set 
down in such bodies together, as they may be most 
capable of an entrenchment, provided that there be Proviso, 
reserved unto the fort, for the maintenance of it, one 
thousand or fifteen hundred acres, at least, of ground, 
as near adjoining thereunto as may be. 

Fifthly. That for as much as this service will take His com- 
him off from his own employment, the company <} pensation. 
engage themselves to give him a just and due consider- 
ation for the same. In loitness whereof we have inter- 
changably hereunto subscribed our names. 

W. Sey and Seale, Arthur Hasselrig, 

Richard Saltonstall, George Fenwick, 

Henry Lawrence, Henry Darley. 



This was followed by a more formal appointment of 
Mr. "Winthrop to the office of governor of the river 



276 THE GOVERNMENTAL HISTORY OF 



Part II. new England. 



Origin of Connecticut, with the places adjoining thereunto — 
ofVonnec- " gi ym S nnn froni and under us, full power and authori- 
ticut. iy to do and execute any such lawful act, and thing, 
both in respect of the place and people, as also 
of the affaires we have or shall have there, as to the 
dignity of office of a governour doth or may apper- 
taine." 

Mr. Winthrop arrived in Boston on the eighth day 
of October following the date of his commission, and 
being informed that the Dutch from the New Nether- 
The adven- lands were about to take possession of the same region, 
Jno. Win- he immediately dispatched " a barque of thirty tons, 
ifl3°P' Jr -> and about twenty men, with all needful provisions to 
* Journal take possession of it, and to begin some buildings," 
of the El- thus anticipating and preventing its occupancy by the 
thiop. Dutch.* 

It is evident from the articles under which Mr. Win- 
throp came to America that the object of his enterprise 
was, mainly, to establish an opening foiva more extend- 
ed commercial adventure; and although he was in- 
structed to make " such houses as might receive men 
of quality," he was not furnished either with the neces- 
sary materials, or other appliances for the purpose, nor 
was he accompanied by any such adventurers. 

The place continued to be occupied as a trading sta- 
tion or fort, for a few years, when it was reinforced by 
Planting the arrival of Col. George Fenwick with a number of 
Brooke by families from England. Col. Fenwick elevated it to the 
Col. Fen- ra nk and dignity of a town, under the name of Sey- 
gee Hbllis. Brooke, a name given to it in honor of his patrons 
ter's Con- Lord Sey and Seale and Lord Brooke. He established 
the first civil administration over it, under which it con- 
tinued until it was brought under the government of 
the colony of Connecticut. 

The points for establishing these various forts, or trad- 
ing stations, were generally selected with a view to 
traffic, and they were consequently well chosen, and 
stations, served afterwards to designate the most favorable locali- 



THE UNITED STATES OP AMERICA. 277 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

ties for future adventurers. They were not visually Origin of 
under any particular civil supervision, and historical fVo°nnec- 
verity does not warrant us to refer the planting of Con- ticut. 
necticut, or New Haven, or any other of the New Eng- 
land settlements which sprung into existence after New 
Plymouth and Massachusetts Bay, to any of these trad- 
ing adventures. True, these in some instances laid the 
basis and formed the rude outlines of different planta- 
tions, but their more permanent and profitable occu- 
pancy is attributable to far other sources, and to such 
causes as have aided in giving to their institutions and Causes of 
their communities their essential and peculiar charac- meut> 
teristics of freedom and independence. 

We have elsewhere taken occasion to observe how, in 
the earlier settlements made in New England, the polit- 
ical and religious notions of those who came to these 
shores, took both their complexion and their shape from 
the state of the- kingdom at the time they left England. 
In watching the progress of the protestant element in 
the reformation, we have already noted how gradually 
its free principles were unfolded and took possession of Protestant - 

1 l m x ism among 

the common mind. So tardily under one administra- the puri- 
tion, and then again so rapidly and so variously under jfewEne- 
another, were they developed, that the emigrant or the laud - 
exile who left the mother country in 1635, comprehend- 
ed more fully their political tendencies, or was more 
under the influence of their wilder vagaries, than the 
emigrant or the exile of 1620, or even the emigrant or 
the exile of 1630, while neither, before his arrival, knew 
anything of the juster developments, or the more en- 
during phases they were assuming in America. Hence 
it happened, as these settlements extended, and addi- 
tions were from time to time made to their numbers 
from the ranks of the proscribed and the persecuted in 
England, that differences of sect or sentiment, in mat- 
ters of religion more particularly, prevailed among 
them. In these diversities of religious opinions in the 
colonies originated the various settlements made in 



278 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Origin of New England, after the planting of New Plymouth and 
of Connec- Massachusetts Bay. We need but to glance over the 
ticut. private journal of the elder John Winthrop, which 
runs through a period of about twenty years, to be sat- 
isfied of this fact. At about the time of which I am 
writing, the general court of Massachusetts Bay held 
quite a protracted session in which scarcely any other 
subjects were introduced than such as related to these 
differences in matters of religion. "Mr. Wilson," says 
the governor, "made a very sad speech of the condi- 
tion of our churches and the invoidable danger of sepa- 
ration, if those differences and alienations among breth- 
ren were not speedily remedied; and laid the blame 
upon those new opinions risen up among us ; which all 
the magistrates, except the governour and two others, 
and all the ministers but two, did confirm." 
Religious Such, therefore, I may safely affirm, were the causes 
in Massa- which gave rise to these various settlements, and im- 
chusetts parted to them their characteristic qualities. Feeble 

Bay, the l L 

source of and scattered at first, it is true, but afterwards frater- 
* nized, either of their own inclination, or forced to it by 

the circumstances which surrounded them for their 
better protection, into some general plan of associated 
government. From this they ripened at length into 
permanent combinations, and laid the foundation of 
substantial communities, which resulted in establishing 
the colonies, and afterwards the states, which now bear 
the names under which they were organized by the 
original settlers. The settlement of Connecticut forci- 
bly illustrates this position. 

Arrival of "On the fourth day of September, 1633, in the 

Hooked ship Bird, the Rev. Thomas Hooker and the Rev. 

and others Samuel Stone, with about sixty laymen, who had been 

Bay, 1633. proscribed at home for disregarding the acts of con- 
formity, arrived in Massachusetts Bay, and were duly 
admitted to the freedom of the company."* They 

*Win- planted themselves at New-Towne, now Cambridge. 

Journal. On the eleventh day of October in the same year, Mr. 



THE UNITED STATES OF AMERICA. 279 

THK COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 



Hooker was chosen pastor of the church, and Mr. Origin of 
Stone teacher, in that plantation. Soon after this ^ e c c °J ny 
they were drawn into controversies, and otherwise dis- necticut. 
turbed, by those differences of opinion to which I have 
referred, and which were so feelingly alluded to by Mr. 
Wilson before the general court. Hence they became Applica- 
discontented and desirous of a more independent settle- Hooker 
ment by themselves. They accordingly applied to the and others 
general court ior permission to change their location, to move 
The matter was deliberated for some time, until on the ^j^ 
fourth of September, in the next year, "the general 
court," in the language of Gov. Winthrop, "began at Action of 
New-Towne and continued a week, and then was ad- era ic ourt 
journed eleven days. Many things were there agitated o h , ereo 1 ^'o 4 
and concluded. But the main business which spent 
the most time, and caused the adjourning Of the court, 
was the removal of New-Towne : They had leave at 
the last general court to look out some place for 
enlargement or removal, with promise of having it 
confirmed to them if it were not prejudicial to any 
other plantation ; and now they moved that they might 
have leave to remove to Connetticote. This matter 
was debated divers ways, and many reasons allcdged pro 
and con. — Upon these and other arguments, the court 
being divided, it was put to vote, and of the deputies The appli- 
fifteen were for their departure, and ten against it. denied 
The governour and two assistants were for it, and the 
deputy governour and all the rest of the assistants were 
against it, except the secretary, who gave no vote. 
Whereupon no record was entered because there were 
not six assistants in the vote, as the pattent required." 

The general court was severely agitated by this dis- Effect of 
cussion and the result which followed it. Mr. Hooker 1 t i on / ,ec " 
and his friends were not at all pleased with it. The 
incident confirms what I have already said of the rapid 
development of the liberal elements of protestantism 
from year to year in the mother country, and of its 
influence in the settling of Now England. Those who 



280 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Origin of were now the leading men of Massachusetts Bay had 

of e coii- ny come over iu 1630 ' wllile Mr " Hooker and his associates 
necticut. had but recently arrived in America. The interval in 
England had witnessed a rapid progress in the party 
and principles of the puritans. The idea of sovereignty 
in the people was beginning more actively, though not 
as yet very definitely, to develop itself. It had at least 
gained considerable ascendancy in the minds of reflect- 
ing men. Political leaders were catching at it for party 
purposes, while those who were more devoted to free- 
dom because they gathered its elements from the 
Bible, saw in it the dawn of their own success. The 
course taken by Mr. Hooker and his party shows that 
they were very strongly impregnated with it. Indeed, 
in this very matter they objected that the deputies of 
the people were overruled by the negative vote of the 
magistracy. They thus originated the first controversy 
that ever took place in New England between the 
magistrates and the people as to their relative powers. 
Controver- For, "upon this," says Gov. Winthrop in his valuable 
the b ml g is n - journal, " grew a great difference between the govern- 
tracy and our and assistants, and the deputies. They would not 
e peop e. ^.^ ^ 1Q assistants a negative voice, and the other 
(considering how dangerous it might be to the com- 
monwealth if they should not keep that strength to 
balance the great number of deputies) thought it safe 
to stand upon it." 
Howal- The manner in which this heated discussion was 
layed. terminated, and the discordant feelings which it had 
provoked were allayed, strongly portrays the character- 
istic traits of our puritan fathers. In the midst of the 
excitement, or— to use the language of Gov. Winthrop— 
"when they could proceed no further, the whole court 
agreed to keep a day of humiliation to seek the Lord ; 
Further which accordingly was done in all the congregations on 
action of tne eighteenth day of this month. On the twenty- 
Courtrf fourth the court met again. Before they began, Mr. 
S» SS 'i634 Cotton preached (being desired by all the court, upon 



THE UNITED STATES OF AMERICA. 281 



THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 



Mr. Hooker's instant excuse of his unfitness for that Origin of 
occasion. He took his text out of Hag. ii. 4, out o£$$j£w 
which he laid down the nature or strength (as henecticut. 
termed it) of the magistracy, ministry, and people, &e. 
The strength of the magistracy to be their authority, M r. Cot- 
of the people their liberty, and of the ministry their ^ s ser - 
purity. And showed how all of those had a negative 
voice, and yet the ultimate resolution ought to be in The people 
the whole body of the people, &c, with answer to all*f e J^ 6 
objections, and a declaration of the people's duty and 
right to maintain their true liberties against any unjust 
violence, which gave great satisfaction to the company. 
And it pleased the Lord so to assist him, and to bless 
our ordinance, that the affairs of the court went on 
cheerfully." *. 

Mr. Hooker and his associates were undoubtedly Effect of 
moved by the discourse of Mr. Cotton ; for, after lis- ^ s c °^. 
tening to it, he and his adherents sheltered themselves nion. 
under the concession that the oath they had taken when 
they were admitted to the freedom of the company, 
bound them to yield to the decision of the general Mr. Hook- 
court. They accordingly abandoned their P^n DOse 5assoefat^s 
" and accepted of such enlargement as had formerly yield. 
been offered them by Boston and Watertown, and so * w >n- 
the fear of their removal to Connetticote was re- journal, 
moved.*" 

Though this result seems to have quieted for a while 
the apprehensions of a division among the settlers in 
the colony of Massachusetts Bay, it did not obliterate 
the causes of controversy and discontent which had 
moved the people of New-Towne to seek a change of 
location. Little diversities of sentiment in matters of Causes of 
religion, and in some instances peculiarities of manner, rcv^f 611 * 
or conduct, or even of dress, were made the subject of a g ain - 
discussion and punishment in the general court, and of 
discipline in the church. Popular ministers arriving 
from abroad, drew the people after them from congre- 
gations already organized ; or planted themselves and 



282 THE GOVEENMENTAL HISTORY OF 

Part II. new England. 

Origin of claimed the right to erect a church along side of one pre- 
of e con- 0ny v i° lls ly established. An instance of this kind occurred 
necticut. at New-Towne, and rather than involve themselves in 
Mr Hook- a controvers y about it, Mr. Hooker and his associates 
er's second again asked leave of the general court to move to Con- 

applica- ,. 

tion. necticut. 

The interference of the Dutch from New Amster- 
dam with the trading stations already established upon 
the bank of the Connecticut river, and the dissatisfac- 
Circura- tion existing among the Indian tribes inhabiting in that 
vwaWe to re oi° n ) impressed the general court with the necessity 
his peti- and importance of a more formal occupancy of the 
country, and inclined them to grant the petition. It 
was objected very strongly " that the general court or 
the company, had no title to any part of the territory in 
Objections which they proposed to establish a plantation. That nei- 
against it tner ^ ie Dutch, w ^ claimed the right and had already 
built a fort there, nor the Indians, nor their own peo- 
ple at home, would endure their sitting down without 
a patient in any place which the king laid claim to." 
How dis- To meet this difficulty it was suggested that they should 
posed of. con ti nue subject to the jurisdiction of the general court 
of Massachusetts Bay. They assented to the proposi- 
They tion and were allowed to remove. On the twenty-fifth 
ConneSl da F of Marcll > savs "Winthrop, " Mr. Hooker, pastor of 
cut, the church at New-Towne, and the rest of his congrega- 

5? 25 ' iion went t0 Connetticote, his wife was carried on a 
horse-litter, and they drove one hundred and sixty cat- 
tle, and fed of their milk by the way." 
Previous There is an entry in Mr. Winthrop's "journal, under 
Oc? l635 date October fifteenth, 1635, that " about sixty men, 
** women, and little children, went by land to connetti- 
cote, with their cows, heifers and swine, and after a 
tedious and difficult journey arrived safe there." No- 
mention is made of their particular destination, but we 
feel warranted in saying that they were a part of the 
congregation of Mr. Hooker, the rest of whom are 
spoken of above as now accompanying him. Mr. Hook- 



THE UNITED STATES OP AMERICA. 283 

THE COLONIES OK CONNECTICUT AND NEW HAVES. PART II. 

er's company consisted of about one hundred persons 
With their families. They formed a settlement on the 
west bank of the Connecticut river, and laid the founda- 
tion of Hartford. They were subsequently in the same 
season followed by other parties who planted "Windsor 
and Wethersfield. Others were soon influenced by simi- 
lar causes to follow their example, and planted them- 
selves in the same vicinity. Their settlements, however, The colony 
were comprehended within the precincts of these three ^^j 
plantations, which composed the colony of Connecticut. 

It does not comport with my design in this work, to 
trace in detail to their original date and circumstances, 
all the settlements which grew up in New England at 
this early period. My aim is to ascertain and to point 
out in a general way, the more material causes which 
led to them, because, as I have observed already and 
shall further show, these were the basis in most instan- 
ces, if not in all, of a peculiar form of municipal ad- 
ministration. They are more fitted to my purpose 
when they have arrived to that period in their experi- 
ence and growth at which they severally combine and 
unite into larger political bodies, and develop their 
peculiarly American institutions and forms of free gov- 
ernment.* 

Although the region of territory upon which their 
settlements were made was not within the charter limits 
of Massachusetts Bay, yet as these adventurers had 
agreed to remain subject to that corporation, it was 
sought to bring them under "A commission granted 

* Those who desire a more minute acquaintance with the early his- 
tory and more particular settlement of Connecticut, with what might well 
be called her domestic life, will find the record attractively and faithfully 
gathered in the history recently published by G. H. Hollister, Esq., of 
Litchfield, Conn. Distinguished already by his attainments as a lawyer 
in full practice, and hjs accomplishments as a scholar and gentleman, Mr. 
Hollister has in this new field achieved for himself the further pre-emi- 
nent title of the historian of Connecticut. His fluent and graceful pen, 
aided by a classic fancy, has thrown a degree of enchantment over his 
pages which is rarely found combined with the truthful narratives of his- 
tory. 



284 ' THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

The Colo- to several persons to govern the people at connetticote 

nectieutT" for tne s P ace of a y ear now next comill g 5 an exem- 
plification whereof ensueth. 

" Whereas, upon some reason and grounds, there are 
to remove from this our commonwealth and body of 
the Mattachusetts in America, divers of our loving 
friends, neighbours, freemen and members of New- 
Towne, Dorchester, Waterton and other places, who 
are resolved to transplant themselves and their estates 
unto the ryver of connetticote there to reside and in- 
habit, and to that end divers are there already, and 
divers others shortly to go, we, in this present court 
assembled, on the behalf of our said members, John 
Winthrop Jr. Esq, governour, appointed by certain 
noble personages and men of quality interested in the 
said ryver, which are yet in England, on their behalf; 
have had a serious consideration thereon, and think it 
Comrais- meet that where there are a people to sit down and co- 
Massachu na kit> there will follow, upon occasion, some cause of 
setts Bay difference, as also divers misdemeanors, which will re- 
ernment° V " quire a speedy redress. And in regard of the distance 
March 3d, f place, this state and government cannot take notice 
of the same (so) as to apply timely remedy, or to dis- 
pense equal justice to them and their affairs, as may be 
desired ; and in regard the said noble personages and 
men of quality have something engaged themselves and 
their estates in the planting of the said ryver, and by 
virtue of a pattent, do require jurisdiction of the said 
place and people, and neither the minds of the said 
personages, (they being writ unto) are as yet known, 
nor any manner of government is yet agreed on, and 
there being a necessity, as aforesaid, that some present 
government may be observed, Wee therefore think meet, 
and so order, that Roger Ludlow Esq ; William Pinchon 
Esq ; John Steele ; William Swaine ; Henry Smyth ; 
William Phelpes ; William Westwood ; and Andrew 
Warde ; or the greater part of them, shall have full 
power and authority to hear and determine, in a judi- 



THE UNITED STATES OP AMERICA. 285 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

cial way, by witnesses upon oath examined, within the The colony 
said plantation, all those differences which may arise ^j^ 0111160 " 
between party and party ; as also, upon misdemeanor, 
to inflict corporal punishment or imprisonment, to fine 
and levy the same if occasion so require, to make and 
decree such orders, for the present, that may be for the 
peaceable and quiet ordering the affairs of the said 
plantation, both in trading, planting, building, lots, 
military discipline, defensive war (if need so require) 
as shall best conduce to the public good of the same ; 
And that the said Roger Ludlow, William Pinchon, commis- 
John Steele, William Swaine, Henry Smyth, William sion from 
Phelpes, William Westwood, Andrew Warner, or the setts Bay 
greater part of them, shall have power, under the for lts _ 
greater part of their hands, at a day or days by themment. 
appointed, upon convenient notice, to convent the said 
inhabitants of the said townes to any convenient place 
that they shall think meet, in a legal and open manner 
by way of court to proceed in executing the power and 
authority aforesaid, and in case of present necessity, 
two of them joining together, to inflict corporal punish- 
ment upon any offender if they see good and warrant- 
able ground so to do : provided always, that this com- 
mission shall not extend any longer time than one whole 
year from the date thereof, and in the mean time it 
shall be lawful for this court to recall the said presents, 
if they see cause, and if so be there may be a mutual 
and settled government condescended unto by and with 
the good liking and consent of the said noble person- 
ages, or their agent the inhabitants and this common- 
wealth: provided also, that this may not be any preju-*i Mass. 
dice to the interest of those noble personages in the said His - Rec -> 
ryver and confines thereof within their several limits."* 



This was another assumption of political power on 
the part of the general court of Massachusetts Bay, 
beyond the provisions of the charter to the company. 
It is at once interesting and instructive as further illus- 



286 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

The colony trating how rapidly and how variously the political ele- 
necticut. ments of freedom in the protestantism of the puritans 
were developed in America. I care not to ask what 
petty strifes or paltry divisions may have grown up 
among them on account of their differences in matters 
of religious faith, or worship, or discipline. I care not 
to know, or to ask, how much of bigotry, or of super- 
stition, or of prejudice, or even of absolute wrong, may 
have mingled with their growth. I have no fellowship 
or sympathy with those sectarian zealots, or partizan 
sciolists, who can go down into their infant and nursery 
life to drag forth what purulent tokens they may dis- 
cover of the waywardness and weakness of their inex- 
perienced childhood. These were their embarrass- 
The politi- ments, their disadvantages, their difficulties, their dis- 
cal ele- cipline, the refining from out of which was evolved the 

merits 01 

protestant- golden ore of freedom. It was something, much, to 
o SI edb Yel " nave Panted themselves in America under a charter 
the com- which placed no restrictions on the latitude of their 
its^govem- worship. It was a bold exercise of political liberty to 
ment. ^ave transferred that charter, and the proprietorship of 
the soil which it conveyed, to the bleak and barren 
shores of New England. It was a more resolute and 
fruitful exhibition of popular supremacy to have reared 
upon that soil, towns, institutions, and free forms of gov- 
ernment, far beyond the intention, or the comprehension 
of the sovereign power to which they hesitated not to 
avow their ultimate allegiance. But it was something 
above and beyond all these, to have claimed the right, 
and to have assumed the responsibility of planting a 
colony on a soil not their own, all of whose political 
privileges should emanate from themselves, and from 
which they exacted an oath of allegiance to their own 
government instead of the crown. To say that these 
things had no bearing upon the future of New Eng- 
land, or of America, would be to deny that philosophy 
in history which teaches by example. It had a quick 
influence even upon the fate of the new colony, and 



THE UNITED STATES OF AMERICA. 287 

THE COLONIES OF CONNECTICUT AND NEW HATEN. PART II. 

produced at once a freer development of free princi- The colony 
pies. The very spirit and purposes which prompted ti C ut°disa-* 
these men to remove with their families from the vows 
elder plantation, could not long brook such a de- t0 Massa- 
pendence; a colonial dependence upon a dependent chusetts 
corporation. Nor could they understand the logic 
which would deny to themselves a similar exer- 
cise of similar political powers. They accordingly 
extinguished, by purchase, the Indian title to the soil, 
made a further purchase of title from " those noble 
personages " alluded to in the commission, disavowed 
their allegiance to Massachusetts Bay, and entered into 
an independent compact of government under the 
name of Connecticut. 

This was the first instance of the establishment of Her inde * 

• i i . i • i . . .i pendent 

an independent colonial government in America, with- establish- 
out any charter basis, and without even a shadow of ment * 
authority from the crown. That of New Plymouth 
was originally in fact quite as independent, but then it 
was rather a necessity than an assumption, and had at 
least the show of right derived under a charter issued by 
The Plymouth Company. The only similarity between 
them was, that neither the company in the latter instance 
nor the general court of Massachusetts Bay in the 
former, had any power conferred by their charter, 
which gave them jurisdiction of the soil. 

There is something so peculiar and characteristic in Her first 
the preamble to this compact, and it is so illustrative govern -* 
of the fact, that, with us at least, a protestant christian- m , ent > 
ity has been and is the source of all civil and religious 
freedom, that I should be unsteady to my purpose if I 
did not insert it here at length. It opens by reciting that 
"Forasmuch as it hath pleased the Almighty God, by 
the wise disposition of his divine providence,* so to order 
and dispose of things that we the inhabitants and resi- 
dents of Windsor, Harteford, and Weathersfield, are 
now cohabiting and dwelling in and upon the river 
Connectecotte, and the lands thereunto adjoining ; and 



288 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

The colony we n knowing where a people are gathered together the 

of Connec- 

ticut, its Word of God requires that to maintain the peace and 
pact of m * un ^ on °f sucn a people there should be an orderly and 
govern- decent government, established according to God, to 
1638.' order and dispose of the affairs of the people at all 
seasons as occasion shall require ; do therefore asso- 
ciate and conjoin ourselves to be as one public state or 
The asso- commonwealth : And do, for ourselves and our suc- 
its ainis and cessors i an( i sucn as shall be adjoined to us at any time 
hereafter, enter into combination and confederation 
together, to maintain and preserve the liberty and pu- 
rity of the gospel of our Lord Jesus Christ which we 
Recogn.- now profess, as also the discipline of the churches, 
protectant wn i cn according to the truth of the said gospel is now 
christian- practiced amongst us. As also in our civil affairs to be 
guided and governed according to such laws, rules, 
orders and decrees as shall be made, ordered and 
decreed, as followeth : — 
General "I. It is ordered, sentenced, and decreed that there 

assemblies sna U be y ear ty * wo general assemblies or courts, the 
one on the second Thursday in April, the other the 
second Thursday in September, following ; the first 
shall be called the court of election, wherein shall be 
yearly chosen from time to time so many magistrates 
The ma<ns- an( * other public officers as shall be found requisite, 
tracy. Whereof one to be chosen governour for the year ensu- 
ing and until another be chosen, and no other magis- 
trate to be chosen for more than one year — provided 
always there be six chosen besides the governour. 
Their Which being chosen and sworn, according to an oath 
dudes. San recorded for that purpose, shall have power to admin- 
ister justice according to the laws here established, and 
for want thereof according to the rule of the word of 
God ; which choice shall be made by all that are admit- 
ted freemen and have taken the oath of fidelity, and 
do cohabit in this jurisdiction, or the major part of such 
. as shall be then present. 

" II. It is ordered, sentenced, and decreed, That the 



THE UNITED STATES OF AMERICA. 289 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

election of the aforesaid magistrates shall be on this The colony 
manner: every person present and qualified for choice ^ c ^°" t . 
shall bring in (to the persons deputed to receive them) her first 
one single paper with the name of him written in it f^ov\ 
whom he desires to have governour, and he that hath 1638 - 
the greatest number of papers shall be governour for 
that year. And the rest of the magistrates or public Election 
officers to be chosen in this manner : The secretary for tratea and 
the time being shall first read the names of all that are other 

o Hiccrs 

to be put to choice, and then shall severally nominate 
them distinctly, and every one that would have the 
person nominated to be chosen shall bring in one single 
paper written upon, and he that would not have him 
chosen shall bring in a blank. And every one that 
hath more written papers than blanks shall be a magis- 
trate for that year : which papers shall be received and 
told by one or more that shall be then chosen by the 
court and sworn to be faithful therein — but in case 
there should not be six chosen as aforesaid, besides the 
governour, out of those which are nominated, then he 
or they which have the most written papers shall be a 
magistrate or magistrates for the ensuing year, to make 
up the aforesaid number. 

" III. It is ordered, sentenced, and decreed, That the Candidates 
secretary shall not nominate any person, nor shall any vtousiy™ 
person be chosen newly into the magistracy, which was propound- 
not propounded in some general court before, to be 
nominated the next election ; and to that end it shall 
be lawful for each of the towns aforesaid, by their 
deputies, to nominate any two whom they conceive fit 
to be put to election ; and the court may add so many 
more as they judge requisite. 

"IV. It is ordered, sentenced, and decreed, That no who may 
person be chosen governour above once in two vears, be choseu 

,...,. J 'governor. 

ana tliat the governour be always a member of some 
approved congregation, and formerly of the magistracy 
within this jurisdiction ; and all the magistrates free- 
men of "this commonwealth: And that no magistrate 
19 



290 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

The colony or other public officer shall execute any part of his or 
<* c . on " their office before they are severally sworn, which shall 

necticut; •; * ' 

her first be done in the face of the court if they be present, and 
of^ov't, in case of abseuce > % some deputed for that purpose. 
1638. « Y. It is ordered, sentenced, and decreed, That to the 

aforesaid court of election the severall towns shall 
Towns send their deputies, and when the elections are ended 
Deputies, they may proceed in any public service as at other 
courts : also the other general court in September shall 
be for making of laws, and any other public occasion 
which concerns the good of the commonwealth. 
General " VI. It is ordered, sentenced, and decreed, That the 
courts,how g 0vernour shall, either by himself or by the secretary, 
send out summons to the constables of every town for 
the calling of these two standing courts, one month at 
least before their several times : And also if the gov- 
ernour and the greatest part of the magistrates see 
cause upon any special occasion to call a general court, 
they may give order to the secretary so to do within 
fourteen days warning; and if urgent necessity so 
require upon a shorter notice, giving sufficient grounds 
for it to the deputies when they meet, or else be ques- 
tioned for the same : And if the governour and major 
part of the magistrates shall either neglect or refuse to 
call the two general standing courts, or either of them, 
as also at other times when the occasions of the com- 
monwealth require, the freemen thereof, or the major 
part of them, shall petition to them so to do : If then 
it be either denied or neglected, the said freemen or 
the major part of them shall have power to give order 
to the constables of the severall towns to do the same, 
and so may meet together, and choose to themselves a 
moderator, and may proceed to do any act of power 
which any other general court may. 
Choosing " VII. It is ordered, sentenced, and decreed, That after 
of deputies t | iere are warrants g^en out for any of the said general 

to the gen- , J 1 ll 

eral courts, courts, the constable or constables of each town shall 
forthwith give notice distinctly to the inhabitants of the 



THE UNITED STATES OP AMERICA. 291 

THE COLONIES OF CONNECTICUT. AND NEW HAVEN. PART II. 

same, in some public assembly, or by going or sending The colony 
from house to house, that at a place and time by him^^' 
or them limited and set, they meet and assemble them- her first 
selves together to elect and choose certain deputies to of ^oVt, 
be. at the general court then following to agitate the 16as - 
affairs of the commonwealth ; which said deputies shall 
be chosen by all that are admitted inhabitants in the 
several towns, and have taken the oath of fidelity : 
provided, that none be chosen a deputy for any general Proviso, 
court who. is not a freeman of this commonwealth. 

"The aforesaid deputies shall be chosen in manner Mode of 
following : Every person that is present and qualified choosing 
as before expressed, shall bring the names of such, 
written in several papers, as they desire to have chosen 
for that employment, and these three or four, more or 
less, being the number agreed on to be chosen for that 
time, that have the greatest number of papers written 
for, they shall be deputies for that court ; whose names 
shall be endorsed on the backside of the warrant and Return of 
returned into the court, with the constable or consta- officer 
bles' hand unto the same. 

"VIII. It is ordered, sentenced, and decreed, That Apportion- 
Windsor, Harteford, and Weathersfield shall have deputies, 
power, each town, to send four of their freemen as 
their deputies, to every general court; And whatsoever 
other townes shall be hereafter added to this jurisdic- 
tion, they shall send so many deputies as the court 
shall judge meet, a reasonable portion to the number 
of freemen that are in the said towns being to be 
attended therein ; which deputies shall have the power Their pow- 
of the whole towns to give their votes and allowance yo S te a a nd 
to all such laws and orders as may be for the pub- 
lic good, and unto which the said towns are to be 
bound. 

" IX. It is ordered and decreed, That the deputies Special 
thus chosen shall have power and liberty to appoint a jj e jf° g 
time and place of meeting together before any general deputies, 
court, to advise and consult of all such things as may 



292 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 



•ihe Colony concern the good of the public, as also to examine 
of v on * their own elections, whether according to the order ; 
her first And if they or the greatest part of them find any elec- 
of'goT't, ti° n to ^ e illegal, they may seclude such for the present 
less. from their meeting, and return the same and their 
reasons to the court ; and if it prove true, the court 
Deputies to m ay fine the party or parties so intruding and the 
elections. C town, if they see cause, and give out a warrant to go 
to a new election in a legal way, either in part or in 
whole : Also the said deputies shall have power to fine 
any that shall be disorderly at their meetings, or for 
Other no t coming in due time or place according to appoint- 
P oweis ° • mQn i . an d they may return the said fines into the 
court if it be refused to be paid, and the treasurer to 
take notice of it, and to estreet or levy the same as he 
doth other fines. 
General " X. It is ordered, sentenced, and decreed, That every 

constitu-° W general court, except such as through neglect of the 
ted. governour and the greatest part of the magistrates, the 

freemen themselves do call ; shall consist of the gov- 
ernour, or some one chosen to moderate the court, and 
four other magistrates at least, with the major part of 
the deputies of the several towns legally chosen ; And 
in case the freemen, or major part of them, through 
neglect or refusal of the governour and major part of 
the magistrates, shall call a court, it shall consist of the 
major part of freemen that are present or their depu- 
ties, with a moderator chosen by them. In which said 
general courts shall consist the supreme power of the 
commonwealth, and they only shall have power to 
Powers of make laws or repeal them, to grant levies, to admit of 
th ^ t eueral freemen, dispose of lands undisposed of, to several 
towns or persons, and also shall have power to call 
either court or magistrate, or any other person what- 
soever into question for any misdemeanor, and may for 
just cause displace or deal otherwise according to the 
nature of the offence : And also may deal in any other 
matter that concerns the good of this commonwealth, 



THE UNITED STATES OP AMERICA. 293 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

except election of magistrates, which shall be done by The Colony 
the whole body of freemen. nccticut- 

"In which court the governour, or moderator, shall her first 
have power to order the court to give liberty of speech, f g0 Vt, 
and silence unseasonable and disorderly speaking ; to 1638 - 
put all things to vote ; and in case the vote be equal to governor 
have the casting voice. But none of these courts shall m the 

° general 

be adjourned or dissolved without the consent of the court, 
major part of the court. 

" XI. It is ordered, sentenced, and decreed, that when Levies or 



assess- 



on 



any general court, upon the occasions of the common- menta 
wealth, have agreed upon any sum or sums of money towns. 
to be levied upon the several towns within this juris- 
diction, that a committee be chosen to set out and 
appoint what shall be the proportion of every town to 
pay off the said levy, provided the committees be made 
up of an equal number of each town. 

" 14th January, 1638, the eleven orders above said 
are voted." 

The oath of the governor — "I, N. M., being now Oath of 
chosen to be governour within this jurisdiction, for the fnd^ther 
year ensuing, and until a new be chosen, do swear by magis- 
the great and dreadful name of the everliving God, to 
promote the public good and peace of the same, accord- 
ing to the best of my skill ; as also will maintain all 
lawful privileges of this commonwealth ; as also that 
all wholesome laws that are made or shall be made by 
lawful authority here established, be duly executed ; 
and will further the execution of justice according to 
the rule of God's word : So help me God, in the name 
of the Lo: Jesus Christ." 

A similar form of oath was prescribed for the other Freeman's 
magistrates, and constables. The oath of a freeman was oath - 
substantially that prescribed of record by the general 
court at a later date, which recited " I, A. B., being by 
the providence of God an inhabitant within the juris- 
diction of Connectecotte, do acknowledge myself to be 
subject to the government thereof, and do swear by the 



294 



THE GOVERNMENTAL HISTORY OF 



Part II. 



NEW ENGLAND. 



The colony great and fearful name of the everliving God, to be 
true and faithful unto the same ; and do submit both 



ticut, her 
first com- 
pact of 
govern- 
ment, 
1638. 



my person and estate thereunto, according to all the 
wholesome laws and orders that there are, or hereafter 
shall be there made and established by lawful author- 
ity ; and that I will neither plot nor practice any evil 
against the same, nor consent to any that shall do so, 
but will timely discover the same to lawful authority 
there established : And that I will, as I am in duty 
bound, maintain the honor of the same and of the law- 
ful magistrates thereof promoting the public good of it, 
whilst I shall so continue an inhabitant there ; and 
whensoever I shall give my vote or suffrage touching 
any matter which concerns this commonwealth, being 
called thereunto, will give it as in my conscience I 
shall judge may conduce to the best good of the same 
without respect of persons or favor of any man. So 
help me God in our Lord Jesus Christ." 



General Such was the first governmental compact of the first 

remars. ^ vxx \y independent municipal organization formed in 
America, the colony of Connecticut. Such was the pro- 
gress of freedom within twenty years after our puritan 
fathers first landed on the coast of New England. We 
may search the records of history in vain to find a par- 
allel to this the first written constitution framed inde- 
pendently in America. So brief and yet so compre- 
hensive, so concise and yet so full, so simple and yet so 
sublime. It is the complete and harmonious issue of 
what we have called the political element of free- 
dom in the protestantism of the puritans. Now for 
Its political tne nrst time in the history of mankind, we find the 
aspects, church and state dissevered though not really divorced, 
each moving in its peculiar province and exercising its 
peculiar mission without warring with the other ; while 
the power in and over either emanates wholly and 
directly from the people. We might well expect to 
see, as the further fruits of such a basis of social organ- 



THE UNITED STATES OP AMERICA. 29^ 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

ization, a Bill of Rights like that passed by the general The colony 

' . : . , . , -, of Connec- 

court at a subsequent session, in which it was de-ticut. 
creed — 

" That no man's life shall be taken away ; no man's Bill of 
honor or good name shall be stained ; no man's person ° 
shall be arrested, restrained, banished, dismembered, 
or in any way punished ; no man shall be deprived of 
his wife or children ; no man's goods or estate shall be 
taken away from him ; nor any ways damaged, under 
colour of law, or countenance of authority, unless it 
be by the virtue or equity of some express law of the 
country warranting the same, established by a general 
court, and sufficiently published; or in case of the* Colonial 
defect of a law in any particular case, by the word of Vol 1. 
God."* 

Thus we have it, freedom of religion, freedom of the Summary 
person, freedom of speech, freedom of property, seen- p^ttf om * 
rity of reputation and of life, and in the domestic rela- govern- 
tions ; freedom in the formation of government, in the 
enactment of laws, and in the choice of rulers ; all 
tending to the personal elevation of the individual 
man. This is an achievement of protestantism pecu- 
liarly American. This is American Protestantism. 
It is marred by no recognition of sovereignty or su- 
premacy elsewhere than in the people, and speaks out 
as if no monarch on earth dare ever dream of claiming 
its allegiance, or infringing its prerogatives of power. 

In the year 1644, Saybrook was purchased of Col. Saybrook 
Geo. Fenwick, and became a part of the colony of Con- C onnecti- t0 
necticut, which continued under the form of govern- cut, 1644. 
ment already adverted to until the issuing of the royal 
charter by Charles II. 

I have purposely omitted any particular reference to Indian 
the wars in which the colonies of New England were wara ' 
involved with the native tribes bordering upon the val- 
ley of the Connecticut river during their early history. 
I do not regard them of any material importance so 
far as the design of this work is concerned ; and they 



296 THE GOVERNMENTAL HISTORY OP 



Part II. NEW England. 



thSon come within the scope of our observation, in passing, 
of New simply in the tendency they had to lead adventurers 

farther into the interior country and thereby to extend 

and increase their settlements. 



Haven. 



The Colony op New Haven. 

Mr!'i)aven- 0n the twenty-sixth day of April, in the year 1637, 
port and there arrived in the harbour at Boston — " two ships 
Boston,* fr° m London. In these came Mr. Davenport and an- 
Aprii 26, other minister, and Mr. Eaton and Mr. Hopkins, two 
merchants of London, men of fair estate and of great 
esteem for religion, and wisdom in outward affairs." * 
These men had their own peculiar opinions in reference 
to religious and political matters, which prompted them 
to turn their attention to the asylum now more abun- 
dantly opening for all such in the wilds of New Eng- 
How they land. Being " men of esteem for religion, and wisdom 

were re- j n outward affairs," and of ample worldly resources, a 
ceived. ' x v 

great effort was made to retain them in Massachusetts 

Bay. "All possible means," says Gov. Winthrop, 
" were used to accommodate them here — Charlestown 
offered them largely ; Newbury their whole town, the 
court any place which was free." But they were un- 
willing to remain in a jurisdiction already distracted 
by differences in matters of religion, and where they 
at once comprehended what restraints might be imposed 
upon the propagation of their own peculiar views. In 
the fall of the same year Mr. Eaton and others left 
Boston and proceeded southward until they came upon 
a wide spreading and beautiful bay, backed by an exten- 
sive level plain called by the Indians Quinnipiac. On 
venport the thirtieth day of January, 1638, "Mr. Davenport 
leaves for d M p re ddcn, and a brother of Mr. Eaton, being 

the Con- ' -...•. ' -i • 1 

necticut, ministers also, went by water to Quinnipiac; and with 
i638. aiT ' them many families moved out of the jurisdiction of 
Massachusetts Bay, to plant themselves in those parts." * 
throp's After a lengthened, tedious and somewhat perilous 
Journal. p assa g ej they reached their destination in safety, plant- 



THE UNITED STATES OF AMERICA. 297 

THE COLONIES OF CONNECTICUT AND NEW HATEN. PaKT II. 

ed their settlement, and called it New Haven. They Origin of 
had made no provision for a title to the soil, but relied of N c ew 
on their ability to make some friendly negotiation with * Ia v ,5"' 
the natives, whom they regarded as the true and only 
rightful proprietors. They were invested with no polit- 
ical powers, but framed their own ordinances and laws 
as independently as did the colony of Connecticut, 
undoubtedly moved by her example. 

The people of Massachusetts Bay seem to have been 
a good deal disappointed by tire departure of Mr. Eaton Departure 
and his company from among them ; being then appre- E a t on ' how 
hensive that a general governor for the colonies would regarded 

i t i mi -i • ™ Mass. 

be sent over by the crown, ihe manner, however, in Bay. 
which they consoled themselves was too characteristic 
and too much affiliated to our purpose to be passed by 
in silence. Says Gov. Winthrop — "though it were a 
great weakening to these parts yet we expected to see 
a good providence of God in it, both for possessing 
those parts which lay open to an enemy, and for 
strengthening our friends at connectticote, and for mak- 
ing room here for many who are expected out of Eng- 
land this year; and for diverting the thoughts and 
intentions of such in England as intended evil against 
us ; whose designs might be frustrated by our scatter- 
ing so far: and such as were now gone that way were* Wi "" 

, . ~ throps 

as much in the eye of the estate of England as we Journal, 
here." * 

It was about at this date that the council of com- 
missioners for foreign plantations was created by Charles 
I., which declared the forfeiture of their charters by 
various companies in England, and was made the basis 
of the quo warranto which was issued against the 
Massachusetts Bay company. The same home difficul- 
ties which checked those proceedings on the part of the 
crown and commissioners, opened the opportunity for 
planting these independent colonial settlements in New 
England. 

The plan of association first adopted by the planters 



298 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

The colony of New Haven, was different from that of any other of 
HavenT * ne American settlements. The Bible was to them the 
source of all law ; church-membership the condition of 
freemanship, and the test of eligibility to office, whether 
Peculiar"- c * v ** or m ^itary. Hers was, if we may so express it, a 
ties of her Christocratic form of government, the church was the 
orgamza- j iea( j f ^ ne co i ny, the minister the head of the church, 
and Christ the head of all, and they imitated the early 
christians in adopting a community of goods and an equal 
distribution of lands. On the fourth of June, 1639, they 
held their first meeting, when the* following resolutions 
were adopted as the basis of their organization, viz: 
The Bible " I. That the scriptures hold forth a perfect rule for 
toe rule of ^] ie (ji rec ti on an( j government of all men in all duties 
which they perform to God and men, as well in families 
and commonwealth, as in matters of the church. 
Andsource "II. That as in matters which concerned the gather- 
ment. Vem " * n S anc * ordering of a church, so likewise of all public 
offices which concern civil order, as the choice of magis- 
trates and officers, making and repealing laws, dividing 
allotments of inheritance, and all things of like nature, 
they would all be governed by those rules which the 
scripture held forth to them. 
Object of " III. That all those who had desired to be received as 
ture. " fr ee planters, had settled in the plantation with a pur- 
pose, resolution, and desire, that they might be admit- 
ted into church fellowship according to Christ. 
Obliga-. "IV. That all the free planters held themselves bound 
settlers to° *° establish such civil order as might best conduce to 
each other, the securing of the purity and peace of the ordinance 

to themselves and their posterity according to God. 
Qualifica- " V. That church members only should be free bur- 
powerTof g esses 5 anc * that they only should cnoose magistrates 
freemen, among themselves, to have power of transacting all the 
public civil affairs of the plantation; of making and 
repealing laws, dividing inheritances, deciding of differ- 
ences that may arise, and doing all things and business 
of like nature. 



THE UNITED STATES OF AMERICA. 299 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

" VI. That twelve men should be chosen, that their Ordering 
fitness for the foundation of the work might be tried, c h ur ch. 
and that it should be in the power of those twelve * See Hol- 
men to choose seven to begin the church."* tory< 

In October of the same year a general convention 
was held, and a plan of government adopted embodying 
the principles set forth in the foregoing resolutions. A 
general court was created, to consist of the governor, 
deputy governor, and twelve assistants, with two dele- its organi- 
erates from each town, to be chosen annually. All pow- zatlon » , 

° ' ... poweraand 

er, executive, legislative, and judicial, to reside in this duties, 
body, with a right of appeal to a supreme court com- 
posed of all the magistrates in the plantation, six of 
whom formed a quorum. They remained under this 
compact until they came under the charter granted to 
the colony of Connecticut by Charles II. after his resto- 
ration to the throne. 

In closing this summary of the governmental polity 
of the first settlement at New Haven, I cannot forbear 
repeating what I have said of the colony of Connecti- 
cut. I care not to run the gauntlet with those who can Protest- 
see in it only the traces of bigotry, superstition, an ^ developed 
intolerance. It is beyond all controversy true that a in New 
Protestant Christianity, by the general charter provis- the basis 
ions issuing out of England from the earliest period in of a11 liee 

° ° r govern- 

our history, by all the records of our colonial and revo- ment in 
lutionary annals, and by the constitutions of nearly all Amenoa - 
of the states, as well as by the consent of the whole 
American people, has been, and is, regarded and recog- 
nized as an essential element of our political systems ; 
and that the Bible has been universally received among 
us as at once the source of such a Christianity, and the 
depository and fountain of all civil and religious free- 
dom. This is an American common law axiom estab- 
lished by our whole history, which I have endeavored 
to elucidate in tracing to their source the true princi- 
ples of freedom in our institutions of government, 
wherever and however feebly disclosed, wherever and 



300 



THE GOVERNMENTAL HISTORY OF 



Part II. 



NEW ENGLAND. 



The colony however obscurely developed. I did not expect to ac- 
Haven. complish so laborious and responsible a task without 
plodding my way through a deal of baser matter, and 
coming in contact with much which might sicken my 
vision, or offend my taste, or perchance even provoke 
my indignant condemnation. Still behind these moun- 
tains I feel that there is sunshine. Amid these heaps of 
loose, decaying, and even offensive rubbish, I know there 
is life. And while we rejoice in a superstructure so 
beauteous and attractive in its strength, its extent, its 
proportions and its years, we ought not to forget that 
all its institutions of freedom and all its prosperity, rest 
on no other basis than such as was laid by our puritan 
forefathers who planted New England. It is true that 
that element of political liberty inherent in their prot- 
estantism, whose tendency I have claimed it was to sep- 
arate and yet preserve in harmonious existence the 
church and the state, with full freedom in either to 
exercise its essential prerogatives, had not yet reached 
the maturity of its development. But I have carefully 
traced its origin, we have noted thus far its progression ; 
and the existence of our own civil and religious insti- 
tutions in perfect harmony with our federal and state 
relations to-day, declare its triumph. 



Upon the I P ass on n0 ^ to the restoration and accession of 
restoration Charles II. During the agitations of the civil war in 
monarchy, England, the plantations of Connecticut and New 
1660. Haven had steadily advanced in prosperity, and rapidly 
extended their thriving settlements along the valley 
of the Connecticut river and the coast of Long Island 
Sound. Their institutions of government, education, 
and religion, had assumed the appearance and gave 
Peculiarity assurance of permanency. It was their good fortune 
oriefcTand tnat their origin and growth were sheltered, as it were, 
growth, behind the Massachusetts Bay company whence they 
emanated, and which was made the object of any ex- 
isting hostility or dissatisfaction on the part of the 



~" THE UNITED STATES OF AMERICA. 301 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

crown during the supremacy of the regal power, or of 
the parliament under the commonwealth, or of Crom- 
well during his protectorate. Thus they were in a 
measure exempted from those bitter experiences of 
foreign interference, which, from time to time, dis- 
turbed the elder and parent colony. Indeed, however 
characterized, the sovereign power at home itself How ad- 
seemed to look upon Rhode Island, Connecticut and [£"£ l J£ 0U9 
New Haven merely as offshoots from Massachusetts 
Bay, of indifferent growth, and which were sure to 
follow her fortunes and her fate. Hence these adven- 
turers experienced less of its resentment, and were 
more ready to admit its superintending care when 
occasion demanded. Hence, on the fourteenth day of 
March, 1661, John Winthrop, Jr., the son of governor 
Wmthrop of Massachusetts Bay, being governor, the 
people of Connecticut in general court assembled — 
" concluded and declared, that it was their duty, and Recogni- 
very necessary, to make a speedy address to his sacred charies II 
majesty, our sovereign lord Charles the second, king b y the 
of England, Scotland, France, and Ireland; to ac-ct., feel, 
knowledge our loyalty and allegiance to his highness, 
hereby declaring and professing ourselves, all the 
inhabitants of this colony, to be his highnesses loyal 
and faithful subjects — And do further conclude it neces- 
sary that we should humbly petition his majesty for 
grace and favor, and for the continuance and confirma- 
tion of such privileges and liberties as .are necessary *l Colonial 
for the comfortable and peaceful settlement of thisfg Cord3, 
colony."* 

There was a degree of political shrewdness, and Its policy, 
statesmanlike forecast, in these proceedings, which is 
worthy of particular observation. They would thus 
avoid the chance of becoming involved as parties to 
any controversy which might arise between the Massa- 
chusetts Bay company and the crown ; secure to them- 
selves a corporate existence independent of that colony ; 
while their voluntary recognition of the restored mon- 



302 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Connecti- archy was calculated to win towards them the good- 

CU ives to w *^ °^ tne k m g> if perchance the significant omission 

petitionforof his title of "Defender of the Faith" did not attract 

from the hi s observation or awaken apprehension. 

crown, At a subsequent meeting of the general court, a 

committee was appointed in pursuance of the foregoing 

resolution, to prepare a suitable petition to be addressed 

to the crown, which was reported and approved on the 

seventh day of June following, viz. : 

Petition to his majesty ', King Charles II., for 
charter privileges. 
The pe- "The humble petition of the general court, at Hart- 
ford, upon Connecticut, in New England, to the high 
and mighty prince, Charles the second, humbly show- 
Disadvan- mD . — That whereas your petitioners have not had, for 

tages of ° . , . . ,..,.. 

the inter- many years past, since their possession and inhabiting 
regnum. these western and inland parts of this wilderness, any 
opportunity, by reason of the calamities of the late 
sad times, to seek for and obtain such grants by letters 
pattents from your excellent majesty, their sovereign 
lord and king, as might assure them .of such liberties 
and privileges, and sufficient powers, as might encour- 
age them to go on through all difficulties, hazards, and 
expenses, in so great a work of plantation, in a place 
so remote from the christian world, and a desert so 
difficultly subdued, and no way improvable for subsist- 
ence, but by great cost and hard labour, with much 
patience and cares. 
Expenses " And whereas, besides the great charge that hath 
uKeuuf- been expended by our fathers, and some of their asso- 
ments. ciates yet surviving, about the purchases, building, 
fortifying, and other matters, of culturing and improv- 
ing to a condition of safety and subsistence, in the 
** places of our present abode among the heathen, 
whereby there is a considerable and real addition to 
the honor and enlargement of his majesty's dominion, 
by the sole disbursements of his majesty's subjects 
here ; of their own proper estates they have laid out a 



THE UNITED STATES OP AMERICA. 303 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

very great sum for the purchasing a jurisdiction right Petition 
of Mr. George Fenwick, which they were given to ng C ^°" t 
understand was derived from true royal authority, by for a char- 
letters pattent to certain lords and gentlemen therein t ^ e crown 
nominated, a copy whereof was produced before the 1661 - 
commissioners of the colonies, and approved by them, 
as appears by their records, a copy whereof is ready to 
be presented at your majesty's command, though, 
either by fire at a house where it had been sometimes Title from 
kept, or some other accident, it is now lost; with which fenwick 66 
your poor subjects were rather willing to have contented 
themselves in those afflicting times, than to seek for 
power or privileges from any other than their lawful 
prince and sovereign. 

'■'■May it therefore please your most gracious and excel- Prayer for 
lent majesty ', to confer upon your humble petitioners, ^ [™ e a jp Ce 
who unanimously do implore your highnesses favor and title. 
grace therein, those liberties, rights, authorities, and 
privileges, which were granted by the aforementioned 
letters pattent to certain lords and gentlemen, so pur- 
chased as aforesaid, or which were enjoyed from those 
letters pattent granted to the Massachusetts plantation 
by our fathers, and some of us yet surviving, when 
there in our beginning inhabiting, and upon which 
those large encouragements, liberties, and privileges, 
so great a transplantation from our dear England was 
undertaken, and supposed to be yet our inheritance, 
till the running of that western line, the bounded 
limits of those letters pattents, did, since our removal 
thence, determine our lot to be fallen without the 
limits of that so bounded authority. 

"May it please your majesty graciously to bestow F or further 
upon your humble supplicants such royal munificence, powers ' &c - 
according to the tenor of a draft or instrument, which 
is ready here to be tendered at your gracious order. 

"And whereas, besides those many other great dis- 
bursements as aforesaid, in prosecution of this wilder- 
ness work, your poor petitioners were forced to main- 



304 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Petition tain a war against one nation of the heathens, that did 

nLtieut mucn interrupt the beginning of your servants, by 

for a char- many bloody and hostile acts, whereby divers of our 

the crown, dear countrymen were treacherously destroyed, and 

1661. have, also, been ever since, and are still, at much 

charge in keeping such a correspondence of peace and 

Relations amity with the divers sorts of the heathen nations that 

Indians are roun( l about your plantations, thus far extended 

into the bowels of the country, besides the maintenance 

of all public charges for church and civil affairs, which 

are very great in respect of our great poverty. 

Prayer for "May it please your most excellent majesty, out of 

exemption y 0Ur princely bounty, to grant such an immunity from 

from cus- J * * ■ * 7 a J 

toms. customs, as may encourage the merchants to supply 
our necessities in such commodities as may be wanting 
here, for which we have neither silver nor gold to pay ; 
but the supply in that kind may enable, in due time, 
to search the bowels of the earth for some good min- 
erals, whereof there seems to be fair probabilities, or 
produce some such other staple commodities, as may, 
in future time, appear to be the good effects of your 
majesty's goodness and bounty. If your poor colony 
may find this gracious acceptance with your majesty, 
as to grant their humble desire, whereby they may be 
encouraged to go on cheerfully and strenuously in 
their plantation business, in hope of a comfortable 
settlement for themselves and their posterity, that 
under your royal protection they may prosper in this 
desert ; they shall, as is their acknowledged duty, ever 
pray for your great tranquility and perpetual hap- 
piness ; and humbly craving leave, they subscribe 
themselves your majesty's loyal subjects and servants, 
the general court of the colony of Connecticut, in 
New England ; per order y 

*i Col Rec. Daniel Clark, Secr'y." 

of Conn, "June 7th, 1661."* 

511. 



Governor Winthrop, Jr., was appointed agent to pre- 
sent the foregoing petition to the crown on behalf of 



THE UNITED STATES OF AMERICA. 80^ 



THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 



the colony ; and " to improve his abilities to procure a Letter of 
pattent, it was ordered and enacted that his charges and ticut t0 
expenses should be defrayed out of <£500 set apart forJ^Jjy 
the purpose." He was furnished with a letter or memo- on peti- 
rial addressed to Lord Sey and Seale of the same date JJjJ 1 
with the petition, which fully sets forth the position and 1661. 
object of the colony of Connecticut in making this 
application for a royal charter. It reads: 

" Right Honorable. The former encouragements that 
our fathers, and some of their yet surviving associates, 
received from your honor to transplant themselves and 
families into these inland parts of this vast wilderness, 
where (as we have been given to understand) your 
honor was, and as we conceive and hope is still, interest- 
ed, by virtue of pattent power and authority, doth not 
only persuade us, but assure us of your patronage and 
favor, in that which may come within your power, 
wherein our comfort and settlement, and the well-being 
of our posterity and the whole colony, both in civil and Their set- 
ecclesiastical policy, is so deeply concerned: Honor- how en ' 
able sir; not long after that some persons of note couraged. 
amongst us, and well known to yourself, whose names 
in that respect we forbear to write, had settled upon 
this river of Connecticut, and some plantations up the 
river were possessed, and in some measure improved, 
Mr. George Fenwick took possession of Seybrook fort, 
there residing for certain or several years ; at length he 
was moved, for ends best known to himself, to return 
to England, and thereupon propounded by himself our 
agent, the sale of the fort, with the housing there, and Negotia- 
several appurtenances, together with all the lands on ^Fen- 11 
the river, and so to the Narragansetts Bay, with juris- wick for 
diction power to this colony, which was exceedingly ay r 
opposed by several amongst us, whom some of us have 
heard to affirm that such a thing would be very distaste- 
ful to your honor, with the rest of the noble pattentees, 
who had very bountiful intentions to this colony : Nev- 
ertheless, tho' there was a stop for the present, yet in 
20 



306 THE GOVERNMENTAL HISTORY OP 



Part II. 



NEW ENGLAND. 



Letter of some short time (God removing some from us by death, 
ticut to that were interested in the hearts and affections of sev- 
Lor^Sey eral of those nobles and gentlemen, the pattentees in 
on peti- ' England) the business of purchase was revived by Mr. 
aSrter° r ^ cnwick 5 anc ^ expressions to this purpose given out by 
1661. ' him, or his agents, or both; that he had power to dis- 
pose of the premises, the rest of the pattentees deserting, 
it fell into his hands by agreement, and in case the 
towns on the river refused to comply with such terms 
as he proposed for the purchasing of the said fort, &c, 
it was frequently reported that he purposed either to 
impose customs on the river, or make sale thereof to 
the Dutch our noxious neighbors ; at last, for our peace, 
and settlement, and security, (as we hoped) we made, 
by our committee, an agreement with the said Mr. Fen- 
wick, a copy whereof is ready to be presented unto 
your honor, which cost this river one thousand six hun- 
dred pounds, or thereabouts, wherein your honor may 
see the great abuse that we received at Mr. Fenwick's 
hands, he receiving a vast sum from a poor people, and 
we scarcely at all advantaged thereby ; nay, we judge 
Difficulties our condition worse than if we had contented ourselves 
title. with the patronage of the grand pattentees, for we have 

not so much as a copy of a pattent to secure our stand- 
ing as a commonwealth ; nor to insure us of the con- 
tinuance of our rights, and priviliges, and immunities, 
which, we thought, the jurisdiction power and authority 
which Mr. Fenwick had, engaged to us, and we paid for 
at a dear rate ; nor any thing under his hand to engage 
him and his heirs, to the performance of that which 
was aimed at and intended in our purchase : The lands 
up the river for a long tract the Mattachusetts colony 
cloth challenge, and have run the line, which, as they 
say, falls into one of our towns. On the other side 
towards Narragansett we know not how to claim, 
being destitute of pattent and a copy to decide the 

Their ad- bounds. 

dress to 1113 

majesty. " Be pleased, Noble Sir, to consider our condition, who 



THE UNITED STATES OP AMERICA. 307 



THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

have taken upon ns this boldness to address to his majes- Letter of 

, -, • • i • j x? Coimec- 

ty,our sovereign lord, and to petition his grace and tavor ticut t0 
towards us, in granting us the continuance of those L ^jjy 
priviliges and immunities that we have hitherto enjoyed on peti- 
in this remote western part of the world ; and likewise f^er?' 
for a pattent whereby we may be encouraged and 1661. 
strengthened in our proceedings. 

" Right Honorable, our humble request to yourself is, 
that you would be pleased to countenance our enter- 
prise, and so far to favor us as to counsel and advise 
our agent, who is to represent this poor colony, and to 
act in our behalf, John Winthrop, Esq., our honored 
governour, whom we have commissioned, and also direct- 
ed, to await your honor's pleasure for advice and coun- 
sel, both respecting our petition to the king's majesty, 
as also respecting the case aforementioned, that if there 
be any relief for us, we may not lose such a consider- 
able sum of money, and be exposed to further expense 
for the obtaining a pattent. 

" If we may find this favor with your honor to afford 
your advice and counsel, and helpfulness to bring to 
pass our desires, we shall still acknowledge your en- 
larged bounty and favorable respect to us and ours, and Conclusion 
ever pray an inundation of mercies may flow in upon ° t ^ ie 
your lordship from the author and fountain of blessing. 
With all due respects, we subscribe, sir, your lordship's 
humble servants the general assembly of the colony of 1 Trum- - 
Connecticut. Per their order signed necticut 

Per Daniel Claek, Sec'y. 513. 



With these and other like preliminary preparations, 
Governor Winthrop proceeded on his mission to Eng- 
land. He arrived in London in the fall of the same 
year, and at once sought the Lord Sey and Seale as the 
most reliable patron of his enterprise, to secure whose 
commanding influence seemed a requisite all impor- 
tant to his success. He prefaced his operations by 
aJdressino; a letter to that nobleman who was not then 



308 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Negotia- in London, enclosing the letter of the general court; 
jf r . Win- t° which he received a reply dated December eleventh, 

throp for a as follows, viz : 

"Mr. Winthrop, — I received your letter, by Mr. 
Richards, and I would have been glad to have had an 
opportunity of being at London myself to have done 
you, and my good friends in New England, the best 
service I could ; but my weakness hath been such, and 
my old disease of the gout falling upon me, I did desire 
leave not to come up this winter ; but I have written to 
the Earl of Manchester, Lord Chamberlain of his majes- 
Lettcr of ty's household, to give you the best assistance he may, 
and Seate an ^ indeed he is a noble and worthy Lord, and one that 
London, loves those that are godly. And he and I did join 
1661. ' together that our godly friends of New England might 
enjoy their just rights and liberties ; and this Colonel 
Crowne, who I hear is still in London, can fully inform 
you : Concerning that of Connecticut, I am not able 
• to remember all the particulars, but I have written to 
my Lord Chamberlain, that when you shall attend him, 
(which I think will be best for you to do, and therefore 
I enclose a letter to him, in yours, that you may deliver 
it) and I have desired liim to acquaint you where you 
may speak with Mr. Jesup, who, when he had the pat- 
tent, was our clerk, and he I believe, is able to inform 
* l Trum- you best about it, and I have desired my Lord to wish 
oYConn^ him so to do. I do think he is now in London. My 
515 - love remembered unto you, I shall remain 

Your very loving friend, 

W. Sey and Seale.* 



Interview Under these auspices governor Winthrop went more 

of Gov. directly to work to ' accomplish the purposes of his 

with r ° P agency, and appeared before Charles II. to solicit 

Charles II. a c ] iar ter of incorporation for the infant colony. 

Whether we consider the man, his mission, or the 

monarch to whom he addressed himself, the occasion 

and .the scene were thrillingly interesting, impor- 



THE UNITED STATES OF AMERICA. 309 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 

tant, and impressive. The subjects who had gone out 
as exiles from the kingdom and planted themselves on 
a" far distant shore, and grown into an independent com- 
munity during the agitations of a revolution which 
sought to annihilate all the prerogatives of kingly power 
in the parent state, now return in the person of their 
own political head, chosen by their own suffrages, and 
ask that their political existence and institutions may 
be acknowledged and secured to them, by the sanction The occa- 
of a monarch who had just come up to his throne fresh ^scene 
from the horrors and the blood of that same revolu- 
tion. 

Well might the agent for the colony doubt the suc- 
cess of his petition ; well might the panting monarch 
hesitate to grant it. Still Winthrop had the benefit 
of an engaging person, affable manners and courtly ac- 
complishments, and was backed by an array of power- 
ful friends and allies. Charles was not unmoved by 
these advantages, and yet he seemed seriously to feel 
the political importance of his position in the premises, 
and whatever other influences may have been brought 
to bear upon him he would probably have refused to 
grant the charter, but for an appeal made to his heart 
which overpowered his more careful judgment. The 
instrument was all prepared and it waited only the great 
seal and the king's autograph, to perfect it. Winthrop , 
was a finished diplomatist, and undoubtedly chose the ter procur- 
fittest moment for his purpose. He approached his^Jj fgg 2 
majesty with the charter in hand, and drew from his 
own finger a favorite ring which Charles I. had presented 
to his grandmother. Feelingly, yet courteously, he 
presented it to the king, coupling the presentation with 
well-conceived and well-uttered assurances of loyalty. 
The charter of Connecticut received the royal seal and 
signature on the twenty-third day of April, 1662. 

This grant incorporated the patentees under it as style of 
The Governor and Company of the English Colony of the . cor P°- 
Connecticut in New England in America. John Win- 



310 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

throp was thereby appointed governor ; John Mason 
deputy governor, with twelve others named as assist- 
ants. 

Under it the same general form of government and 
administration was continued in the colony which had 
previously obtained. The charter itself was sought for 
and regarded by the people more as a grant of title in 
the territory, and a guarantee of their liberties from the 
crown, than the basis for any essential modification of 
Reception their existing constitution and laws. It was received 
charter m ^ ie c °l° n y an( ^ " publicly read in the audience of the 
in the colo- freemen, and declared to belong to them and their 
successors," at Hartford, October ninth. A commit- 
tee of three persons was instantly appointed " to 
take the charter into their custody, in behalf of the 
freemen;" the court first administering to them an 
Proceed- oath for the due discharge of the trust committed to 
umm.* Gre "£h em « At the same time it was enacted and decreed, 
" that the town of Hartford should thereafter be the 
settled place for the convocation of the general assem- 
bly, at all times, unless upon occasion of epidemical 
diseases, sickness, or the like." All officers in the 
colony, both civil and military, were " established in 
their respective places and power as formerly until 
* I Trum- further order."* 

bun's Col. rp hc mogt j m p 0r tant feature in this patent with 
which we are at present concerned was, that it embraced 
within its precincts the two colonies of Connecticut 
and New Haven. It did not refer in words to the latter, 
still it included its territorial limits within the terms 
of the grant. That the distinct existence of the planta- 
tion at New Haven should have been overlooked or dis- 
regarded seemed at least something strange. The 
manner, too, in which the charter was received and dis- 
posed of on its arrival, and the instant assumption of 
power under it by the government of Connecticut, 
without advising with New Haven, seemed likewise sin- 
gular. The governor and all the officers named in the 



THE UNITED STATES OP AMERICA. 311 

THE COLONIES OF CONNECTICUT AND NEW HAVEN. PART II. 



patent belonged in Connecticut. It is not therefore ^ e ^' 
surprising that the government of the colony of New regarded 
Haven were indignant at these proceedings on the part g y a ^ w 
of Connecticut. They insisted that the whole thing 
was an unjust and impertinent interference with their 
rights and independence. They protested not only 
against the proceeding under which the grant was pro- 
cured, as in itself insolent and offensive ; hut insisted 
also that the construction given to it by Connecticut 
was an infringement of their prerogatives. They 
claimed that it did not, and was not intended to include 
them in its provisions, and they therefore determined 
to adhere to their own separate organization and gov- 
ernment. The contest between them was carried on 
with rancorous hostility ; nor was it at all softened by 
the subsequent action of the general court of Connecti- 
cut whereby — " the court voted that they would not 
send the pattent nor copy thereof to be read at New * 1 Trum- 

XT „* bull's COI. 

Haven."* Rec, 405. 

But it is not necessary to my purpose to enter into 
the details of this controversy between the two colonies. 
The case to them was not without its difficulties. 
These originated mostly in the variety of sources whence 
the titles to the different settlements were derived. 
There was the commission of Lord Sey and Seale, and 
others, patentees of the crown, to the junior Winthrop, 
dated July seventh, 1635, authorizing him to erect a 
trading station at or near the mouth of the Connecti- 
cut river, and which was subsequently transferred to 
Col. Fenwick, under the same patronage in England. 
Then there was the commission issued out of the gene- 
ral court of Massachusetts Bay for the government of 
Connecticut. After this followed the purchase of Say- March 3, 
brook from Col. Fenwick ; superadded to all these there 1636, 
existed a claim on the part of Connecticut, based upon 
the conquest of the country from the Indians in the 
Pequot war. 

From all these sources Connecticut derived her show 



312 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Contro- f title to the territory, and insisted on its priority to 
i ween the that of New Haven, while the latter plantation based 
two colo- ] ier c i a i ms 011 n0 other source than the purchase from 

nies about # w l 

the char- the Indians ; or in more modern phrase perhaps, lier's 

a 1 AftO *} AAA 

• " ' was merely the right of pre-emption in the soil. Un- 
der this state of facts 1 cannot for myself see that any 
injustice was done to New Haven in the application of 
the colony of Connecticut for a patent from the crown. 
It is no objection that the charter itself, as stated in 
their petition, was drafted in the colony, so long as the 
description of its precincts was based upon the forego- 
ing sources of title. Without any prejudices or feeling 
in favor or against either party to the controversy, it 
is difficult to see that the colony of New Haven had 
even the shadow of a title such as would sustain a pro- 
test against the issuing of a charter to the people of 
Connecticut. So far as we can judge of it, I am in- 
clined to think that her hostility is referable to the 
distinctive religious opinions and political aims of a 
few ambitious and aspiring men, rather than to any 
general sentiment of dissatisfaction among the people. 
Those, however, who desire more curiously to specu- 
late in the premises, may find the case of New Haven 
very ably, if not correctly, stated in an order of the 
general court of that colony, bearing date March 9, 
*iHollis- 1663.* 

Conn. * The result of the controversy was an appeal to the 

A PP- crown. This appeal was arrested by assurances on the 
part of the agent who had been deputed to procure 
the charter, that the union should not be considered 
complete unless it was voluntarily assented to by 
New Haven. But Connecticut, notwithstanding, per- 
sisted in claiming that " the distinct standing from 
them in point of government by New Haven, was 
directly opposite to the tenor of the charter lately 
f l Trum- granted, in which both plantations were inclosed,"! and 
Rec. S 437. proceeded to exercise jurisdiction over the towns and 
territory within the limits claimed by the colony of New 



THE UNITED STATES OF AMERICA. 313 

THK COLONY OF CONNECTICUT. PART II. 

Haven. After a spirited course of correspondence and Union of 
negotiation, however, and certain concessions and stipu- *^ ou * e ° g 
lations made in favor of New Haven, the enmity was "n^r the 

cliiirtcr to 

allayed, and the two colonies became fully and ijisepa- Conn., 
rably united under the same form of government, in ltiG4 - 
November, 1664. 

At a subsequent meeting of the general court, held ah ani- 
at Hartford, in April following, it was voted, " this court j^^L 
doth hereby declare that all former actings that have order of 
past by the former power at New Haven, so far as they i665° m ' 
have concerned this colony, (whilst they stood as a dis- 
tinct colony) though they in their own nature have 
seemed uncomfortable to us, yet they are hereby buried * ^J 1 " 1 ™" 

, , , . . , „ , , bull's Col. 

in perpetual oblivion, never to be called to account. * Rec, 440. 
The magistrates, assistants and delegates of the people Division of 
sat together as one house until the year 1698, when the th , e s ene- 

rill pourfc 

general court was divided into two branches, the magis- 1698. 
trates and assistants composing the upper house, and 
the delegates the lower house. 

In 1675, Sir Edmond Andros, then governor of the Gov. An- 
province of New York, attempted to usurp authority dros ' at - 
over a portion of the territory comprehended within upon Ct. 
the limits of the patent to Connecticut. He sailed 
from the city of New York, then New Amsterdam, for 
this purpose, with a small fleet, and proceeded to Say- 
brook, where he hoisted the king's flag and demanded 
a surrender of the fort. He was answered, however, 
by a display of the same flag and vigorous preparations 
for a defence of the place. He was permitted to land, 
and upon landing attempted to read his commission 
from the crown, but being opposed in a manner which 
forewarned him of the result if he persisted, he returned 
to New York without having established his jurisdic- 
tion over it. He returned again in about ten years Accession 
from this period. James II., -on his accession to the ° f Jamea 
throne, proposed to consolidate all the colonies of New 
England — which had now increased in population to 
about fifty thousand inhabitants — by erecting over them 
a general colonial administration. He accordingly 



314 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Sir Ed- commissioned Sir Edmond Andros, as captain-general 
dros ,d a An " an( ^ vice-admiral, &c, empowering him with the assist- 
pointment ance of a council appointed by the crown, to rule over 
ernment°of them, and to make ordinances for their government. 
New Eng- j n pursuance of this commission Andros proceeded to 
Boston and proclaimed the overthrow of all the New 
Sir Ed- England charters. He arrived in Hartford on the 
mondin thirty-first day of October, with a part of his Conn- 
ies'?. ' cil and a military escort. He immediately caused 
proclamation to be made that the government of Con- 
necticut was dissolved. On the twentieth of November 
He enters ne entered the place where the general assembly was 
the assem- £] ien ni session, and demanded a surrender of their 

bly and de- 

mandsthe patent from the crown. The assembly treated him 
carter. w ^ a jj ou t wa rd respect ; a passing to and fro in the 

UlS TGCCp" * ' m 

tion. house, the governor and assistants conferring together, 

and a general stir among the delegates, gave the ap- 
pearance of preparation to comply with his demand, 
while it protracted the session into the evening, when 
the chamber was lighted up as if for further consulta- 
tion. At length the house seemed to have come to a 

The char- decision, and the committee to whom the charter had 

ter ' 

brought been entrusted for safe-keeping, were called upon to 

assembly. Drm » it into court. It was brought in, inclosed in a 

long black box, under a lock and key. The secretary 

took the charter from the box and held it up before the 

assembly, when the governor directed him to replace 

it in the box, and to lay it on the table, and to leave the 

* l Hollis- key i* n the oox -> which he did forthwith.* The lights 

ter's Hist. were ^hen extinguished, and Sir Edmond and his new 

Conn. p. i xnTi -i 

315, note, subjects sat in darkness and silence together. While 
The char- they were thus employed the charter passed from among 

ter disap- th and f oun( j a res ting place in the trunk of an oak 
pears. ° A 

tree in the suburbs of the town, which has been ever 

since known and venerated as the Charter Oak. When 

the candles were relighted the box and its contents 

were nowhere to be found. How it went, and whither 

it had gone, was a matter of profound mystery to all. 

Sir Edmond Andros ruled over New England until 



THE UNITED STATES OF AMERICA. 315 

THE COLONY OF CONNECTICUT. PART II. 

the revolution of 1688, in England. His administra- 
tion was of the most arbitrary character, and signal- 
ized by frequent acts of high-handed oppression. In 
this, however, he but followed the will and the exam- 
ple of his sovereign master, James II. The one in 
England and the other in America were the embodi- 
ment of the same reckless spirit of tyranny and usur- 
pation. The revolution which closed the mad career 
of the king in the parent state, terminated also the ex- 
altation of his captain-general and vice-admiral in the On the ac- 
colonies in America. When James fled from his capi- wiliiam 
tol and abandoned his throne, the commission and the an(i Mai 7- 
power of Andros expired, and ceased to be respected 
in New England. On the accession of William and • 
Mary he was deposed and the colonies resumed the ex- 
ercise of all the rights and powers which they had 
enjoyed under their respective charters. 

The constitutional code adopted by the colony of Con- 
necticut was derived chiefly from the Mosaic Institutes, 
and declared those offences penal which were so declared 
in the Bible. It enjoined upon her officers and magis- 
trates a regular attendance upon public worship, was 
rigorous in enforcing the observance of moral and re- 
ligious obligations, and punished delinquencies with 
the severest penalties. 

From this period onward the progress of the col- Character 
ony was not marked by any fundamental changes in pf^ancT " 
her government or institutions material to be ob- lavvs - 
served until we come to the more general govern- 
mental history of the colonies, which forms part third 
of this work. Connecticut was less disturbed by those 
divisions and conflicts about faith and forms of wor- 
ship, and remained more equably, pure and true to the 
original principles of her puritan ancestry than any 
other of the New England colonies. Even at this dis- 
tant day we may trace the beneficial results of what 
have been termed her "bigoted enactments." The 
were like the early discipline of a child in the faith 



316 THE GOVERNMENTAL HISTORY OF 

Fart II. new England. 

o?the C peo- and P rece P ts of religion and virtue. They stamp their 
pie and impression upon the heart, and manhood with the wis- 
Connecti- dom bought by experience and reflection, only removes 
cut - whatever of error, superstition, or bigotry, may have 

accompanied their early inculcation, while the vital 
principle itself remains to preserve from vice and infa* 
my. Just so has it been with the protestant influences 
set in operation by the puritans in Connecticut : Nor 
is there any portion of our now extended territory 
where the religious virtues have so powerful an ascend- 
ancy ; or where the moral character is developed in 
more beauteous and attractive proportions ; or where 
we can mark so little deviation from the principles and 
practical piety of our pilgrim fathers. Here the good 
seed sown by them seems to have fallen on its most 
genial soil. The errors, superstitions, and intolerance, 
which necessarily accompanied their early and not well 
instructed, because persecuted zeal, have gradually 
faded away before the progress of education and refine- 
ment, and she retains only the simplicity and sincerity 
of their devotion, the steadfastness of their faith, and, 
running through all her institutions, the purity and 
integrity of their principles. Her political fabric is the 
least complicated of republican forms, and her govern- 
ment is the most purely democratic in the world. 

The Colony of Rhode Island. 

Origin of In the year 1631, Roger Williams, of Salem, in the 
the colony. co i onv f Massachusetts Bay, promulgated substan- 
tially the following sentiments — that all persons who 
had held communion with the church of England 
should openly confess their error ; that saints ought 
Tenets of not to hold communion with sinners either in worship 

SST? 11 " 01 ' oat ^ ' ^ iat ^ was lllu,aw f u l f° r regenerate persons to 
Salem. pray with those who were not, even though wife and 
children ; that the civil magistrate ought not to inter- 
fere in matters of religious faith and practice ; that 
thanks ought not to be given after the sacrament nor 



THE UNITED STATES OF AMERICA. 317 

THE COLONY OK RHODE ISLAM". PART II. 

after meat ; that intoleration is persecution ; and that 
the patent of the king disposing of the lands belonging 
to the Indians was void. In June, 1635, Mr. Williams He is sum- 
was summoned to appear before the general court of ™ one ^ be - 

-r» i • * 01e " ie 

Massachusetts Bay, then in session at Boston, to answer general 
to charges made against him " for these his divers dan- court * 
gerous opinions." It seems that he had been called to 
the office of elder in the church at Salem, after the people 
had been formally advised of his errors : On his appear- 
ance before the general court, " much debate was about 
these things. The said opinions were adjudged by all, 
magistrates and ministers, (who were desired to be 
present,) to be erroneous and dangerous, and the call- 
ing of him to office at that time was judged a great His hear- 
contempt of authority. So, in fine, there was given to "^f C o^ 
him and the church at Salem, to consider of these 
things till the next general court, and then either to 
give satisfaction to the court, or else to expect sen- 
tence. It being professedly declared by the ministers, 
(at the request of the court to give their advice,) that 
he who should obstinately maintain such opinions, 
(whereby the church might run into heresy, apostacy, 
or tyranny, and yet the civil magistrate could not inter- * win- 
meddle,) was to be removed, and that the other thro i ,v 

■ , Journal. 

churches ought to request the magistrates to do so."* 

Whatever may be thought of the proceedings of the Action of 
general court in the premises, it must be conceded the court - 
that they gave the accused the benefit of an ample 
hearing, and a free and open discussion, and were not 
hasty in their judgment, the matter having been various- 
ly considered from 1631 to this time : This he could not 
have received in the parent state. The fact deserves to 
be noted as one of the phases in which the elements of po- 
litical and religious liberty were at this time being pro- 
gressively developed in America. In September of the 
same year Mr. Williams "was again convented, and all 
the ministers in the Bay being desired to be present, he 
was charged with two letters, one to the churches com- 



318 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Origin of plaining of the magistrates for injustice, extreme op- 
the colon y- pression, &c. ; and the other to his own church to per- 
suade them to renounce communion with all the 
churches in the Bay as full of anti-christ, pollution, &c. 
He justified both of these letters, and maintained all 
his opinions, and being offered a further conference or 
disputation, and a month's respite, he chose to dispute 
Mr. Wii- presently : So Mr. Hooker was appointed to dispute 
putes with with him, but could not seduce him from any of his 
er 1635*"" errors - So the next morning the court sentenced him 
to depart out of the jurisdiction within six weeks ; all 
tcnced into the ministers save one approving the sentence. His 

banish- own church had him also under question for the same 
ment. 

cause, and he, on his return home, refused communion 

Is dis- w ith his own church, who openly disclaimed his errors 

his own. an( l wrote an humble submission to the magistrates, 

church. acknowledging their fault in joining with Mr. Williams 

* WlI \" in that letter to the churches against them."* 

throp s ° 

journal. The sentence pronounced by the general court was 

in these words: 
Sentence " Whereas, Mr. Roger "Williams, one of the elders of 
General the church of Salem, hath broached and dyvulged 
Court of dyvers newe and dangerous opinions against the author- 
' itie of magistrates, as also writ letters of defamacion, 
both of the magistrates and churches here, and that 
before any conviction, and yet mainetaineth the same 
without retraccion, it is therefore ordered, that the said 
Mr. Williams shall departe out of this jurisdiction with- 
in six weekes nowe next ensueinge ; which if he neglect 
to perform, it shall be lawfull for the governour and two 
of the magistrates to send him to some place out of this 
Records of jurisdiction, not to Return any more without licence 
Mass., loo. from the court." f 

Mr. Williams for a while disregarded this sentence. 
On the eleventh of January following the general court 
of Massachusetts Bay resolved to send him to England, 
but the officers sent to Salem to apprehend him and 



THE UNITED STATES OP AMERICA. 319 

THE COLONY OF RHODE ISLAND. PART II. 



convey him on board of the ship, found that he had Origin of 
departed thence three days before their arrival. 

Roger Williams was no ordinary character, and it is 
apparent from the conspicuous attention given to his 
opinions by the general court of Massachusetts Bay, ^y^ms. 
that he was a man of extraordinary power and influ- 
ence. His earnest piety and unquestioned sincerity 
were combined with scholarly attainments, an imposing 
personal presence, and a power in debate and an elo- 
quence in discourse which were singularly attractive. 
It added much to his prominence and distinction that 
even " so learned and eloquent a divine as Thomas 
Hooker," was not able to foil him in a controversial argu- 
ment. Of his peculiar religious notions I do not care The politi- 
to speak particularly. He commends himself to our ^ ts e " em . 
notice as the powerful advocate of two essential politi- bodied in 

liis c re Gil 

cal elements in the protestantism of the puritans which 
were at this time, as I have elsewhere observed, strug- 
gling into active development, both in England and 
America. These were, the separation of the civil and 
ecclesiastical power in the state, and freedom of reli- 
gious opinion in the subject. To these we might add, 
that nice sense of right which respected the proprietor- 
ship of the Indians in the soil. 

Such was his position and such the man who in the 
full vigor of life, for his liberal views, had been pro- 
scribed in his native land, and now stood upon the 
threshold of the home of his exile, looking out upon Departure 
the wilderness into which, for the same reason, he had ^y im °°^g 
been banished. There was something peculiarly char- from Mass. 
acteristic and patriarchal in the manner in which he a ry, 1636.- 
went forth "not knowing whither he went." Wander- 
ing to the southward as far as the ocean, he came 
among the Narragansett tribe of Indians. Cultivating 
a friendly disposition with them and treating them as 
the owners of the soil, he was admitted as a guest into 
their wigwams, entertained with kindness and attention 
for nearly three months by their sachems, and permit- 



320 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Origin of ted to traverse the country without molestation. Thus 

coony 'he passed several months "sorely tossed," as he says, 

" for fourteen weeks in a bitter winter season." On the 

opening of the spring he obtained a grant of land from 

one of the chiefs, near the northern extremity of the 

* Wilson's Narragansett Bay, at a place called Seekonk,* where 
he planted himself and prepared to make a permanent 
settlement. 

Influence Meanwhile the church of Salem was still infested 

Hams' opin" w ^h ^ r - Williams' opinions, " so as most of them held 

ions in it unlawful to hear in the ordinary assemblies of Ensr- 
Mass. Bay. . . J . . . & 

land, because their foundation is anti-christian ; and 
we should, by hearing, hold communion with them: 
and some went so far as they were ready to separate 
from the church upon it. Whereupon the church sent 
two brethren and a letter to the elders of the other 
churches for their advice in three points. 

"1. "Whether, for satisfying the weak, they might 
promise not to hear in any false church ? This was not 
thought safe, because then they should draw them to 
the like towards the other churches here, who were all 
of opinion that it was lawful, and that hearing was not 
holding communion. 

" 2. If they were not better, to grant them dismission 
Action to be a church by themselves ? This was also opposed 
cnce to for that it was not a remedy of God's ordering ; neither 

those "old- wou ] ( j £j ie magistrates allow them to be a church, being 
mg them. ° -i 

but three men and eight women ; besides, it were dan- 
gerous to raise churches on such grounds. 

" 3. Whether they ought then to excommunicate them 

if they did withdraw? This was granted; yet withal, 

that if they did not withdraw or run into contempt, 

they ought in these matters of difference of opinion in 

*Win- things not fundamental nor scandalous, <fcc, to bear 

throps G 

Journal, each with other."* 

Here we may observe, in passing, is another indica- 
tion of the development of protestant freedom, soften- 



THE UNITED STATES OF AMERICA. 321 

THE COLONY OF RHODE ISLAND. PART II. 

ing down the asperities of religious strife, and pro due- Origin of 
ing the better fruits of forbearance and charity. 

Those who were made the subjects of this action of 
"the elders and brethren" withdrew themselves from 
the church at Salem and joined Mr. Williams at See- They join 
konk. They had hardly begun to arrange and lay out liains at " 
their settlement, when governor Winslow, of New Plym- Seekonk, 
outh, notified Mr. Williams that he was within the juris- 
diction of that colony, and advised him to remove 
beyond its limits. In a letter written to Major Mason, 
bearing date at Providence, July twenty-second, 1670, in 
referring to this period, he says: 

" I first pitched and began to build and plant at See- Notified to 
konk, now Rehoboth, but I received a letter from my j. 6 ^ 
ancient friend, Mr. Winslow, then governor of Plym- 
outh, professing his own and others' love and respect 
to me, yet lovingly advising me, since I was fallen into 
the edge of their bounds, and they were loth to dis- 
please the Bay, to remove to the other side of the water, 
and then, he said, I had the country free before me, Records 
and might be as free as themselves, and we should be R - I- » 13- 
loving neighbors together."* 

Accordingly, in the month of June, he and his asso- His remov- 
ciates, five in number, embarked in an Indian canoe al * 
upon the bosom of the Narragansett Bay, and rowed 
along its shore till they came to an Indian settlement 
called Mosshassnck, where they landed. Mr. Williams 
was not unknown to the natives, and was received with 
marked demonstrations of friendship. They made him 
generous offers of accommodation and permitted him 
to roam freely over their territory.* Finding a spot * Wilson's 
suitable for his purposes, he purchased a title to the u - s - 
land of an Indian chief, and made arrangements to 
plant a settlement. In a spirit of thankful acknowl- 
edgment for past mercies, and confident trust that God Planting 
had guided his wandering footsteps, he called it Provi- 2^™™' 
dence. 

There was certainly something peculiarly character- 
21 



322 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Origin of istic, expressive, and appropriate, in this designation of 
ecoon} *his plantation, in connection with all the circumstances 
we have narrated, of his banishment, his perilous and 
lonely pilgrimage through the wilderness into which he 
was driven, and his hazardous and unprotected entrance 
Settlement among the fierce Narragansett tribes. It was also a 
dence? V1 " Dent ting name to give to a settlement which was the 
first in America to witness the establishment of a gov- 
ernment in which the ecclesiastic ruled only in the 
church, the civil magistrate only in the state, and God 
alone over the consciences of men. Which was the 
first also to demonstrate to mankind that the harmoni- 
ous administration of government, and obedience to 
the laws, were compatible with any variety of discord- 
Political ant opinions in matters of religion. All that was re- 
jjjjfcj*" quired of those who came into Mr. Williams' planta- 
yolved in tion at this early period was, that they should submit 
ment. " to all laws passed by the majority of the inhabitants, 
provided they did not affect the conscience. The asso- 
ciation was a pure democracy. Mr. Williams was its 
founder and director, and yet he claimed no peculiar 
power, or prominence, or prerogatives; while he freely 
conveyed to settlers portions of the territory which he 
had originally purchased for himself; and of which 
** Co1 - he said, in 1656, "they were mine owne as truly as any 
R. I., 351. man's coat upon his back."* 

The open- The planting of Rhode Island was a new era in the 
new°era in progress of protestant freedom, and disclosed new fea- 
New Eng- tures in political and social organization ; it opened a 
new home even in America to all who wished to avoid, 
or escape from, the conflicts generated by those differ- 
ences of opinion in matters of religion which had ob- 
tained in the elder colonies, and which had already dis- 
persed the people and swelled the number of independ- 
ent plantations in New England. The opinions of Roger 
Mr8 Williams, as we have seen, were not forgotten or with- 

Hutchin- ou t their effect, even after his banishment, 
errors. In the month of October, 1636, the famous Mrs. Hutch- 



THE UNITED STATES OP AMERICA. 32# 

THE COLONY OF RIIODE ISLAND. PART II. 

inson, " a member of the church of Boston, a woman of Origin ° f 

' . . ' the colony. 

ready wit and bold spirit, brought over with her two dan- 
gerous errors. 1. Tliat the person of the Holy Ghost 
dwells in a justified person. 2. Tliat no sanctification 
can help to evidence to us our justification. There joined Mrs. 

. , , . . . • , ,, ? i nr Hutchin- 

with her in these opinions a brother of hers, one Mr. son an d 
Wheelright, a silenced minister some time in England. * l ^f t e °J ral 
The matter was brought before the general court, and the Massachu- 
ministers of the Bay hearing of these things came to^ov. 1636. 
Boston at the time of the general court, and entered 
into a private conference with them to know the cer- 
tainty of these things ; that if need were they might 
write to the church of Boston about them, to prevent, 
if it were possible, the danger which seemed hereby to* Win- 
hang over that and the rest of the churches."* Journal. 

This conference having satisfied Mr. Cotton, no action 
was taken in the matter by the general court, although it 
gave rise to a good deal of controversy and discussion 
among the members. Mrs. Hutchinson was permitted 
to go free and to promulgate her " dangerous errors," 
and to multiply converts to her peculiar faith. The 
next year she started what was called the " antinomian Further 
heresy," maintaining "that faith without works would ^ f e ™™ 8 " 
secure salvation ; " and she also commenced preaching. Hutchin- 
In November " the general court sent for Mrs. Hutch- son ' 1637, 
inson, and charged her with divers matters, as her 
keeping two public lectures every week in her house 
whereto sixty or eighty persons did usually resort ; and 
for reproaching most of the ministers, viz., all except 
Mr. Cotton, for not preaching a covenant of free grace, 
and that they had not the seal of the spirit, nor were Action of 

able ministers of the New Testament, which were the 6 eneral 

' court. 

already proved against her ; though she sought to shift 
it off, and after many speeches to and fro at last she was 
so full as she could not contain but vented her revela- 
tions, amongst which this was one — That she had it 
revealed to her that she should come into New Eng- 
land, and should here be presented, and that God would 



324 



THE GOVERNMENTAL HISTORY OP 



Part II. 



NEW ENGLAND. 



Origin of 
the colony. 

Sentence 
against 
Mrs. 

Hutchin- 
son. 



*Win- 
throp's 
Journal. 
Further 
proceed- 
ings 
against 
her. 



f 1 Mass. 
Col. Rec, 
226. 

She goes 
to Provi- 
dence. 



Settlement 
of Ports- 
mouth and 
Newport, 
1638-39. 
See Wil- 
son's U. S. 



ruin us and our posterity and the whole state for the 
same. — So the court proceeded and banished her ; but 
because it was winter they committed her to a private 
house in Roxbury, where she was well provided, and 
her own friends and the elders permitted to go to her, 
but none else." She was afterwards again called and 
examined upon a charge that she " persisted in main- 
taining those gross errors before mentioned, and many 
others to the number of thirty or thereabout — these 
were clearly confuted, but yet she held her error, so as 
the church, all but her two sons, agreed she should be 
admonished, and because her sons would not agree to 
it they were admonished also." * 

Upon these proceedings on the part of the church the 
sentence of banishment was revived in the general court, 
and in the spring of the year 1638, March twelfth, it was 
" ordered that she shall be gone by the last of this month, 
and if she be not gone before, she is to be sent away by 
the council without delay, by the first opportunity ; and 
for the charges of keeping her at Roxbury, order is 
given to levy it by distress of her husband's goods." f 

With her husband and two sons, and a large number 
of followers, Mrs. Hutchinson proceeded to Providence, 
where they were kindly received by Roger Williams. 
At about the same time Mr. William Coddington and 
some eighteen others were compelled to leave Massa- 
chusetts Bay on account of their religious opinions. 
They also proceeded to the country of the Narragan- 
setts and laid the foundation of Portsmouth. Others 
still followed in the succeeding year and planted 
Newport. These three plantations subsequently united 
under the same compact, purchased the whole island 
of the Indians, and soon became the seat of a prosper- 
ous and thriving colony. 

The earliest and most serious source of embarrass- 
ment experienced by the people of these plantations 
originated in the tenure by which they held their title 
to the soil. Being derived entirely from the Indians, it 



THE UNITED STATES OP AMERICA. 825 

THE COLONY OF RHODE ISLAND. PART II. 

was insufficient to protect them from the claims and Embar- 
encroachments made by their more fortunate neigh- ^the 
hours, who boasted of their patents directly from the colony. 
crown ; or of a title derived under a grant from some 
of the royal patentees. Feeling the necessity and im- 
portance of a higher claim to the territory, in order 
to establish a jurisdiction in and over its settlements 
which might be respected by the older colonies, they 
sent Roger Williams to procure a patent. He arrived Roger Wil- 
in England soon after the civil commotions which now t0 England 
agitated the kingdom had given parliament the ascend- t0 procure 
ency in the government ; when Charles I., becom- 
ing involved in a fearful controversy with the factions 
which guided and controlled its deliberations, was ban-* Hume, 
ished from his capitol.* These circumstances operated 2 Bariiett's 
favorably upon the mission of Mr. Williams : He pre- Colonial 
ferred his petition to parliament, and succeeded so well 
that on the second day of November, the Lords and 
Commons in parliament assembled, passed an ordinance 
appointing Robert, earl of Warwick, "Governor inThesuc- 

chief and lord high admiral of all those islands and ce . ss . of hls 
° mission. 

plantations inhabited, planted, or belonging to any of 
his majesty's subjects, within the bounds and upon the 
coast of America ; " which ordinance was as follows, 
viz: 

" Whereas many thousands of the natives and good Ordinance 
subjects of this kingdom of England, through the op- me nt VjT 
pression of the prelates and other ill-affected ministers, P° mtlD g 
and officers of state, have of late 'years been enforced Warwick 
to transplant themselves and their families into several ^° ver r "°j r 
islands and other remote and desolate parts of the West parts of 
Indies; and having there through exceeding great 164 2. ' 
labour and industry, (with the blessing of God) ob- 
tained for themselves and their families some compe- 
tent and convenient means of maintenance and sub- 
sistence, so that they are now in a reasonable and set- 
tled condition : But fearing least the outrageous mal- 
ice of papists and other ill-affected persons should reach 



326 THE GTOVERNMENTAL HISTORY OF 

Part II. new England. 

Ordinance unto them in their poor and low (but as yet peaceable) 
ment"ajH" concl ition, and having been informed, that there hath 
pointing been lately procured from his majesty, several grants 

the Earl of , ,, , r ,. 

Warwick under the great seal lor erecting some new governours 
gov'r of anc i commanders amongst the said planters in their 

certain ° r 

parts of afore-mentioned plantations ; whereupon the said plant- 
1S T™ v en 2 l ' a ' ers, adventurers, and owners of land in the said foreign 
1642. plantations, have preferred their petition unto this 
present parliament, that, for the better securing of 
them, and their present estates there obtained through 
so much extreme labour and difficulty, they might 
have some such governour and governments, as should 
be approved of and confirmed by the authority of both 
houses of parliament. 
*f F R tl a° n " Which petition* of theirs, the Lords and Commons 
Williams, have taken into consideration ; and finding it of great 
importance, both to the safety and preservation of the 
aforesaid natives and subjects of this kingdom, as well 
from all foreign invasions and oppressions, as from 
their own intestine destractions and disturbances, as 
also much tending to the honor and advantage of his 
majesty's dominions, have thought fit, and do hereby 
constitute and ordain Robert, Earl of Warwick, gov- 
ernor in chief, and Lord high-admiral, of all those 
islands, and other plantations, inhabited, planted, or 
belonging to any his majesty's the king of England's 
subjects ; or which hereafter may be inhabited, 
planted, or belonging to them, within the bounds and 
upon the coasts of America. 
Council of " And for the more effectual, speedier, and easier 
to S the antS transaction of this so weighty and important a busi- 
governor. ness, which concerns the well-being and preservation 
of so many of the distressed natives of this, and other 
his majesty's dominions, the Lords and Commons have 
thought fit that Philip, earl of Pembroke ; Edward, 
earl of Manchester ; William, viscount Sey and Seale ; 
Philip, Lord Wharton ; John, Lord Roberts, members 
of the house of Peers ; Sir Gilbert Gerard, knight and 



THE UNITED STATES OF AMERICA. 327 

THE COLONY OF RHODE ISLAND. PART II. 

baronet ; Sir Arthur Hazlerig, baronet ; Sir Henry Commis- 
Vane, Jr., knight; Sir Benjamin Rudyer, knight ; ^°°^ t Par " 
John Pym ; Oliver Cromwell ; Dennis Bond ; Miles to the 
Corbet ; Cornelius Holland ; Samuel Vassal ; John Warwick 
Rolles ; and "William Spenstowe, Esqs., members of the ?? d other3 > 
House of Commons, shall be commissioners to join in ic42. 
aid and assistance with the said Earl of Warwick, 
chief governor and admiral of the said plantations ; 

"Which chief gov ernour, together with the said com-p OW ersof 
missioners, or any four of them, shall hereby have g°y ernor 

. . , an< i coun- 

power and authority to provide for, order and dispose, cil. 
all things which they shall from time to time find most 
fit and advantageous to the well-governing, securing, 
strengthening, and preserving of the said plantations ; 
and chiefly to the preservation and advancement of To secure 
the true protestant religion among the said planters, ti" 5 spread 
inhabitants ; and the further enlargement and spread- ant Chris- 
ing of the gospel of Christ amongst those that yet tianity ' 
remain there, in great and miserable blindness and 
ignorance. 

"And for the better advancement of this so great Power of 
a work, it is hereby further ordained, by the said Lords the gov " . 

. , ernor and 

and Commons, that the aforesaid goveruour and com-commis- 
missioners shall hereby have power and authority, 810116 "' 
upon all weighty and important occasions, which may 
concern the good and safety of the aforesaid planters, 
owners of land, or inhabitants of the said islands and 
plantations, which shall there be within twenty miles 
of the place where the said commissioners shall then 
be; and shall have power and authority to send for, May send 
view and make use of. all such records, books and for P ersons 

, . , , \ ' and papers. 

papers, which do or may concern any of the said plant- 
ations. 

t'And because the well settling and establishing of 
such officers and governours, as shall be laborious and 
faithful in the right governing of all such persons as 
be resident in or upon the said plantations, and due 
ordering and disposing of all such affairs as concern 



328 THE GOVEENMENTAL HISTORY OF 

Part II. new England. 

Commis- the safety and welfare of the same, is of very great 
Bamenf aF advantage to the public good of all such remote and 
to the new plantations, it is hereby further ordained and de- 
Warwick creed, that the said Robert, Earl of Warwick, governor 
and others, j n chief and admiral of the said plantations, together 
1642. ' with the aforesaid commissioners, ***** or the 
Power to greater number of them, shall have power and author- 
cokmial ity, from time to time, to nominate, and appoint, and 
governors constitute all such subordinate governours, councellors, 
officers, commanders, officers and agents, as they shall judge to 
be best affected, and most fit and serviceable for the 
said islands and plantations ; and shall hereby have 
power and authority, upon the death or avoidance of 
To fill va- the aforesaid chief governor and admiral, or any the 
thrown other commissioners before named, from time to time, 
bod y- to nominate and appoint such other chief governour 
and admiral, or commissioners, in the place or room 
of such as shall so become void. 
To remove "And shall also hereby have power and authority to 
C ffi 0nial & remove any of the said subordinate governours, coun- 
cellors, commanders, officers, or agents, which are, or 
shall be appointed to govern, counsel or negotiate the 
public affairs of the said plantations ; and in their place 
and room to appoint such other officers as they shall 
judge fit. And it is hereby ordained that no subordin- 
ate governours, councellors, commanders, officers, 
agents, planters, or inhabitants whatsoever, that are 
now resident in, or upon, the same islands or planta- 
No other tions, shall admit or receive any other new governours, 
or officers councellors, commanders, officers, or agents, whatso- 
tobere- ever) but such as shall be allowed and approved of 
the V colo- y under the hands and seals of the aforementioned com- 
nies - missioners, or any six of them, or under the hands 

and seals of such as shall authorize thereunto. 
May assign "And whereas, for the better government and secu- 
thority! 1 ' rit 7 of tlie said plantations and islands, and the owners 
and inhabitants thereof, there may be just and fit occa- 
sion to assign over some part of the power and author- 



THE UNITED STATES OP AMERICA. 329 

THE COLONY OF RHODE ISLAND. PART II. 

ity (granted in this ordinance to the chief governour Commis- 
and commissioners aforenamed) unto the said owners, lament **' 
inhabitants, or others ; it is hereby ordained, that the to the 
said chief governour and commissioners mentioned, or Warwick 
the greater number of them, shall hereby be 0M$0K-*? do * eis » 
ized to assign, ratify, and confirm so much of their 1642. 
aforementioned authority and power, and in such 
manner and to such persons as they shall judge fit, for 
the better governing and preservation of the said 
plantations and islands, from open violence and private 
disturbance and distractions. 

"And lastly, that whosoever shall do, execute, or*iHaz- 
yield obedience to, anything contained in this ordi- p^ [s eT ^ tate 
nance, shall, by virtue hereof, be saved harmless and 353. 
indemnified."* 



This ordinance originated in the application of Roger Roger Wil- 
Williams for a patent for the colony of Rhode Island, <, tiations 
and is another proof of the extraordinary character for the 
and influence of the man. Referring to this period in 1638-43. 
a letter to Major Mason in 1661, he says — "considering 
[upon frequent exceptions against Providence men] 
that we had no authority for civil government, I went 
purposely to England, and upon my report and petition 
the parliament granted us a charter of government for 
these parts, so judged vacant on all hands : And upon 
this the country about us was more friendly, and wrote \ i Bart- 
to us, and treated us as an authorized colony, only the ^ s ^ ol P- 
difference of our conscience much obstructed."! 458. 

How far, if at all, this ordinance of parliament sub- 
sequently affected the other New England colonies, it 
may be material to enquire more carefully hereafter, 
but it referred more particularly to Rhode Island. We 
have already had occasion to observe that there was 
really no essential interference in New England after 
this date, either by parliament or by Cromwell, during 
the years intervening the suspension and the restora- 
tion of the royal power in the mother country. This 



330 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Roger wn- ordinance itself shows that the Lords and Commons 

tiates^ofa nac ^ n0 *^ ea a * * n * s ^ me °^ ^ ie vas ^ continental capaci- 
patent, ties and resources of the new world, and that they 
were rather indifferently concerned about its govern- 
ment. It is apparent also that any such system of 
colonial administration as was therein devised, if made 
general and persisted in, would have been productive 
only of embarrassment in both countries, while it could 
not promote the more material interests of either. Yet 
it is well to remark that the very condition of things 
in England which favored the adoption of the ordi- 
nance, was also favorable to the independent growth 
of the colonies already established in New England, 
and peculiarly so to the mission of Roger Williams. 
Charter of Hence he found no difficulty in obtaining a patent or 
tion OI issued charter for the incorporation of The Providence Plant- 

March 14, ATIONS IN THE MASSACHUSETTS BAY IN NEW ENGLAND, 
1643. 

as follows, viz. : 

" Whereas, by an ordinance of the Lords and Com- 
mons, now assembled in parliament, bearing date the 
second day of November, Anno Domini 1642, Robert, 
Recital of earl of Warwick, is constituted and ordained governour- 

the ordi- i n _ c hi e f an d lord high-admiral of all those islands and 
nance to ° 

the earl of other plantations inhabited or planted by, or belonging 
Warwick. ^ an ^ Q ^ y g ma j es ty the king of England's subjects (or 
which hereafter may be inhabited and planted by, or 
belonging to them) within the bounds and upon the 
coasts of America: and whereas the said lords have 
thought fit and thereby ordained that Philip, earl of 
Pembroke, &c, (naming the same persons named in the 
ordinance) should be commissioners, to join in aid and 
Cites pow- assistance with the said earl ; and whereas for the bet- 
en of gov- ter government and defence, it is thereby ordained, that 

ernor and ° , • , . - 

commis- the aforesaid governour and commissioners, or the 
Burners. g rea ter number of them, shall have power and author- 
ity, from time to time, to nominate, appoint, and consti- 
tute all such subordinate governours, counsellors, com- 
manders, officers, and agents, as they shall judge to be 



THE UNITED STATES OF AMERICA. 331 

TUE COLONY OF RHODE ISLAND. PART II. 

best affected, and most fit and serviceable for the said Patent of 
islands and plantations ; and to provide for, order and ["o^sued 
dispose all things, which they shall, from time to time, March 14, 
find most advantageous for the said plantations, and 
for the better security of the towns and inhabitants 
thereof; to assign, ratify, and confirm, so much of their 
aforementioned authority and power, and in such 
manner, and to such persons as they shall judge to be 
fit, for the better governing and preserving of the 
said plantations and islands, from open violences and 
private disturbances and distractions. "And whereas Location 
there is a tract of land in the continent of America of t ^ e 
aforesaid called by the name of the Narragansett Bay, pianta- 
bordering northward and north-east on the patent of 
the Massachusetts ; east and south-east on Plymouth 
patent ; south on the ocean ; and on the west and 
north-west by the Indians called Na-hig-gan-ne-ucks, 
alias Narragansetts ; the whole tract extending about 
twenty-five English miles unto the Pequot river and 
country : 

"And whereas divers well affected and industrious Induce- 
English inhabitants, of the towns of Providence, Ports- ^p^ ^ 
mouth, and Newport, in the tract aforesaid, have ad- 
ventured to make a nearer neighborhood and society 
with the great body of the Narragansetts, which may 
in time by the blessing of God upon their endeavors, 
lay a sure foundation of happiness to all America ; and 
have also purchased, and are purchasing of and amongst 
the said natives, some other places, which may be con- 
venient both for plantation, and also for building of 
ships, supply of pipe staves, and other merchandize ; 

"And whereas the said English have represented their The appli- 

desire to the said earl, and commissioners, to have their c * tio . n 

cited. 
hopeful beginnings approved and confirmed, by grant- 
ing unto them a free charter of civil incorporation and 
government; that they may order and govern their 
plantation in such a manner as to maintain justice and 
peace, both among themselves, and towards all men 



332 THE GOVERNMENTAL HISTORY OP 

Part II. new kngland. 

Patent of with whom they shall have to do. In due consideration 

Mon*fssue"d°/ tfie said P remises > tlie sam Robert, Earl of Warwick, 
March 14, governor-in-chief, and lord high-admiral of the said 

I £1 JO ° 

plantations, and the greater number of the said com- 
missioners, whose names and seals are hereunder writ- 
ten and subjoined, out of a desire to encourage the 
good beginnings of the said planters, do, by the au- 
thority of the aforesaid ordinance of the lords and 

The grant, commons, give, grant and confirm, to the aforesaid in- 
habitants of the towns of Providence, Portsmouth, and 
Newport, a free and absolute charter of incorporation 

Name of to be known by the name of The Incorporation op 

thecorpo- p RO viDENCE PLANTATIONS IN THE NaRRAGANSETT BAY, 
ration. 

New England — together with full power and authority 

to rule themselves, and such others as shall hereafter 

inhabit within any part of the said tract of land, by 

such a form of civil government as by voluntary consent 

of all, or the greater part of them, they shall find most 

suitable to their estate and condition ; and, for that 

Powers of end, to make and ordain such civil laws and constitu- 

thecorpo- tions, an( j to inflict such punishments upon transgres- 
ration. ' l * 

sors ; and for execution thereof so to place, and dis- 
place officers of justice, as they, or the greatest part of 
them, shall by free consent agree unto. 
Proviso. "Provided nevertheless that the said laws, constitutions 
and punishments, for the civil government of the said 
plantations, be conformable to the laws of England, so 
far as the nature and constitution of the place will 
Reserva- admit. And always reserving- to the said earl and com- 
ti0 w rs to niissioners, and their successors, power and authority 
the earl, so to dispose the general government of that, as it 
stands in relation to the rest of the plantations in 
America ; as they shall conceive from time to time, 
most conducing to the general good of the said planta- 
tions, the honor of his majesty, and the service of the 
state. And the said earl, and commissioners, do fur- 
ther authorize, that the aforesaid inhabitants, for the 
better transacting of their public affairs do make and 



&c. 



THE UNITED STATED OF AMERICA. 333 

THE COLONY OF RHODE ISLAND. • PART II. 

use a public seal as the known seal of Providence Colony au- 
Plantations in the Narragansett Bay, in New England. hi°e iz a edt0 

"In testimony ivhereof, the said Robert, Earl of War- comm °a 
wick, and commissioners, have hereunto set their hands 
and seals the fourteenth day of March, in the nine- 
teenth year of the reign of our Sovereign lord, king 
Charles, and in the year of our Lord God, 1643. 
Robert, "Warwick, H. Vane, 

Philip, Pembroke, Sam. Vassel, 

Sey and Seal, John Rolle, 

P. Wharton, Miles Corbet, „ 1 Haz 

Arthur Haslering, "W. Spurstow." ard's State 

Cor. Holland,* ^ a 8 pers ' 

There are principles of liberty embodied in the pro- Political 

visions of this charter, which it is important to observe elements 

•±t i , i -ii • t /. i developed 

in connection with what we have elsewhere said of the in this 

development of the political elements embraced in the charter - 

protestantism of the puritans. It makes Rhode Island 

a corporation independently of the crown. It places 

the source of all power in the people inhabiting in the 

colony. It gives them full freedom to choose their own 

system of government, administration, and laws, to 

elect their own chief officers and other magistrates by 

their own free suffrages, and concedes that principle in 

government which gives absolute control to the will of 

the majority. In a word, it recognizes fully the idea of 

a free republican government based on the principle of 

sovereignty in the people. 

A convention composed of the several plantations o-rganiza- 

of Providence, -Newport, Portsmouth, and Warwick, tj 011 V nder 

x 7 ' the charter 

convened at Portsmouth in May, 1647, and organized from the 
the government of the colony more formally under the warwfck 
provisions of this ordinance, though it was not mate- May, 1 647. 
rially varied from what it had already been. The system of 
general powers of the corporation were vested in a adm . inis " 

. A tration. 

president and four assistants, a general recorder, and 
treasurer. They also constituted a general court for 



334 THE GOVERNMENTAL HISTORY OP 



Part II. new England. 



Organiza- the administration of justice, -with original and appel- 
*| on ^ er late jurisdiction. The legislative power was vested in 

LUC CQiirLCr *^ 

from the the same magistrates jointly with a court of commis- 

Warwick, sioners, or deputies, consisting of persons chosen by 

May, 1647. the freemen of the several towns then in existence, 

two from each. Each township choosing a council of 

six magistrates for the regulation of its local interests, 

and for hearing minor controversies. A general court 

of election to be held annually " upon the first Tuesday 

after the fifteenth of May, if wind and weather hinder 

not. The general court of trial immediately to 

succeed upon dissolving of the said general court, viz., 

the next day." The voting at the general election to 

be by ballot, and "as many as may be necessarily 

detained that they cannot come to the general court 

* 1 Bart- of election, that then they shall send their votes sealed 

lett's Col. U p unto t ] ie ga j^ courtj which shall be as effectual as 

149, 150. their personal appearance."* 

After making provision for the general administra- 
tion of the colonial government, they proceeded to the 
enactment of certain general declarations, as follows, 
the orthography being changed, viz.: 

Preamble. "Forasmuch as we have received from our noble 
lords and honored governours, and that by virtue of an 
ordinance of the parliament of England, a free and 
absolute charter of civil incorporation, <fec, We do 
jointly agree to incorporate ourselves, and so to remain 
a body politic by the authority thereof, and therefore 
do declare to own ourselves and one another, to be 
members of the same body, and to have right to the 
freedom and privileges thereof, by subscribing our 
names to these words following, viz. : 

Mutual " ^e, whose names are here underwritten, do engage 

guarantee. ourse lvcs, to the utmost of our estates and strength, to 
maintain the authority, and to enjoy the liberty, granted 
to us by our charter, in the extent of it according to 
the letter, and to maintain each other by the same 
authority, in this lawful right and liberty. 



THE UNITED STATES OF AMERICA. 335 

THE COLONY OF RHODE ISLAND. PART II. 

"And now, since our charter gives us power toorganiza- 
govern ourselves, and such other as come among us, f h ° e \}^ er 
by such a form of civil government as by the voluntary from the 
consent, &c, shall be found most suitable to our estate Warwick 
and condition — It is agreed by this present assembly 1647 - 
thus incorporate, and by this present act declared, that 
the form of government established in Providence The gov- 
Plantations is democratical ; that is to say, a govern- declared 
ment held by the free and voluntary consent of all, ordemo- 
the greater part of the inhabitants ; And now, to the 
end that we may give, each to other, (notwithstanding 
our different consciences, touching the truth as it is in 
Jesus, whereof, upon the point we all make mention) 
as good and hopeful assurance as we are able, touching Mutual 
each man's peaceable and quiet enjoyment of his lawful 
right and liberty, we do agree unto, and by the author- 
ity above said, enact, establish, and confirm, these 
orders following: 

"Touching Laws. 1. That no person, in this col- None to be 
ony, shall be taken or imprisoned, or be disseized of™ u ° t e b se 
his lands or liberties, or be exiled, or any otherwayse law. 
molested or destroyed, but by the lawful judgment of 
his peers, or by some known law, and according to the 
letter of it, ratified and confirmed by the major part 
of the general assembly lawfully met and orderly 
managed. 

" 2. That no person shall (but at his peril) presume Public 
to bear or execute any office, that is not lawfully called cer8, 
to it, and confirmed in it ; nor, though he be lawfully 
called and confirmed, presume to do more or less than 
those that had power to call him, or did authorize him 
to do. 

" 3. That no assembly shall have power to constitute Enactment 
any laws for the binding of others, or to ordain officers 
for the execution thereof, but such as are founded upon 
the charter and rightly derived from the general as- compensa- 
sembly, lawfully met and orderly managed. ti0 hr° f 

" 4. That no person be employed in any service for officers. 



836 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Organiza- the public administration of justice and judgment upon 

th° n .hartcr °^ en( * ers ' 01 between man au( ^ mau > without good en- 
from the couragement and due satisfaction from the public, either 
Warwick 0ll t of the common stock, or out of the stocks of those 
1647 - that have occasioned his service ; that so, those that 
are able to serve may not be unwilling, and those that 
are able and willing may not be disabled by being over- 
burdened. And then, in case a man be called into 
office by a lawful assembly, and refuse to bear office, or 
be called by an officer to assist in the execution of his 
Punish- office, and refuse to assist him, he shall forfeit as much 
"fusing to a g am as his wages would have amounted unto, or be 
accept otherwise fined by the judgment of his peers ; and to 
pay his fine or forfeiture, unless the colony or that 
lawful assembly release him. But in case of eminent 
danger no man shall refuse. 

11 And now, forasmuch as our charter gives us power 
to make such laws, constitutions, penalties, and officers 
of justice* for the execution thereof, as we, or the 
Laws to be greater part of us, shall by free consent agree' unto; 
abhfto 111 " an( * y et does premise that those laws, constitutions, 
those of and penalties so made, shall be conformable to the 
° an ' laws of England, so far as the nature and constitution 
of our place will admit, to the end that we may show 
ourselves not only unwilling that our popularity should 
prove (as some conjecture it will) an anarchy, and so 
a common tyranny ; but willing and exceedingly de- 
sirous to preserve every man safe in his person, name, 
and estate ; and to show ourselves, in so doing, to be 
also under authority ; by keeping within the verge and 
limits prescribed us in our charter, by which we have 
authority in this respect to act : 

" We do agree and by this present act determine to 
make sxich laws and constitutions so conformable, 
♦fee, or rather to make those laws ours, and better 
known among vis ; that is to say, such of them and so 
far as the nature and constitution of our place will 
admit. 



THE UNITED STATES OP AMERICA. 337 

THE COLONY OF RHODE ISLAND. PART II. 

" Touching the Common Law. — It being the common Organiza- 
right among common men, and is profitable either to ti^harter 
direct or correct all, without exception; and it being from the 
true, which that great doctor of the gentiles once said, Warwick 
that the law is made or brought to light, not for a 1647 - 
righteous man, who is a law unto himself, but for the The com- 
careless and disobedient in the generall, but more par- 010111 ^' 
ticularly for murderers of fathers and mothers ; for 
manslayers, for whoremongers, and those that defile 
themselves with mankind ; for menstealers, for liars The sub- 
and perjured persons; unto which, upon the point, J ^ w tso 
may be reduced the common law of the realm of Eng- 
land, the end of which is as propounded, to preserve 
every man safe in his own person, name, and estate : 
We do agree to make, or rather bring such laws to 
light, for the direction or correction of such lawless Exposi- 
persons, and for their memories' sake to reduce them !!° ns of 

x the corn- 

to these five general laws or heads, viz. : mou law. 

" 1. Under that head of murdering fathers and Murderers, 
mothers, being the highest and most unnatural, are 
comprehended those laws that concern high treason, 
petty treason, rebellion, misbehavior, and their acces- 
saries. 

" 2. Under the law for manslayers, are comprehended Manslay- 
those laws that concern self-murder, murder, homicide, ers ' 
misadventure, casual death, cutting out the tongue or 
eyes, witchcraft, burglary, robbery, burning of houses, 
forcible entries, rescues and escape, riots, routs and 
unlawful assemblies, batteries, assaults and threats, 
and their accessaries. 

"3. Under the law for whoremongers, and those Whore- 
that defile themselves with mankind, being the chief ™° d n f J™ 
of that nature, are comprehended those laws that con- defilers. 
cern sodomy, buggery, rape, adultery, fornication, and 
their accessaries. 

" 4. Under the law for men-stealers, being the chief Men-steal- 
of that nature, are comprehended those laws that ers> 
concern theft of men, larceny, trespass by men or 
22 



338 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 



Organiza- beasts, fraudulent dealing by deceitful bargain cove- 

the chart" nants > conveyances by barratry, conspiracy, champer- 

EarTof 6 tie ' and maintenance > b 7 forging or rasing records, 

Warwick, writs, deeds, leases, bills, &c, and by using false 

May, 1647. we ight s and measures, and their accessaries. 

Liars, &c. "5. Under the law for liars and perjured persons, 

being the chief of that nature, are comprehended such 

as concern perjury itself, breach of covenant, slander, 

false witness-bearing, and their accessaries. 

"And as necessary concomitants hereof, to prevent 
Laws for murder, theft and perjury, we do jointly agree, in this 
present assembly, to make or produce such laws as con- 
cern provision for the poor so that the impotent shall 
be maintained and the able employed. And to prevent 
poverty it is agreed, that such laws be made and pro- 
duced as concern the ordering of ale-houses and taverns, 
drunkenness and unlawful games therein ; and instead 
Public of such to propagate archery, which is both man-like 
and profitable: And to prevent whoredom and those 
evils before mentioned, it is agreed, by this present 
assembly, to constitute and establish some ordinance 
concerning marriage ; probate of wills, and intestates." 
The Assembly immediately thereupon proceeded to 
enact laws under all of these heads, and concluded 
their enactments in these peculiarly characteristic and 
comprehensive words — " These are the laws that con- 
cern all men, and these are the penalties for the trans- 
gression'thereof, which, by common consent, are rati- 
fied and established throughout this whole colony: 
And otherwise than thus what is herein forbidden, all 
men may walk as their consciences persuade them, 
every one in the name of his God. And let the saints 

leu's Colo" ** tlie ^ ost ^& n wa *k m ti ns colony without molesta- 
niai Rec- tion, in the name of Jehovah their God, for ever and 
ordsR.l. ever> „* 



Its ele- Thus we have in the charter and the organization of 

ments of „ t» • j 

freedom, the government of the small colony of the Providence 



THE UNITED STATES OP AMERICA. 339 

THE COLONY OP RHODE ISLAND. PART II. 

plantations, and emanating from the very wilderness Organiza- 
itself, the fullest elucidation of the political elements of the c h arter 
freedom embraced in the protestantism of the puritans, fr°m the 
which we have yet recorded. It not only recognizes the Warwick, 
right of the subject to freedom of conscience, but it also May > 164 ''• 
insists that civil and religious liberty are correlative, co- 
existent, and inseparable elements in the constitution 
of a just government. There is in it no recognition of 
the church as a power in the state, nor is the civil admin- 
istration pledged to give to it any special protection, 
while a pure protestant Christianity is recognized as an 
essential element of life in the body politic and social. 
This charter was confirmed to the people of Rhode 
Island under the Commonwealth, by Cromwell, and the 
same form of government continued until after the res- 
toration of the monarchy in England. 

The re-establishment of the monarchy under Charles 
II. was regarded with different feelings in the different On the res- 
American colonies. The people of the southern por- ^g^ 011 
tion rejoiced on receiving intelligence of his coronation ; Charles II., 
while the people in most of the New England planta- 
tions, and more particularly in the colony of Massachu- 
setts Bay, heard it if not with regret at least with appre- 
hension. Not so much on account of any absence of 
loyalty to the regal power, as because of the danger it 
seemed to forebode to their charters and their existing 
forms of government. The recently dominant admin- 
istration, whether through leniency or * weakness, 
through necessity or negligence, through ignorance or 
indifference, had been less mindful of the liberties 
which its subjects in America had assumed under their 
charters, than it was feared might consist with the rigid 
notions of sovereignty which were supposed to be enter- 
tained by a prince so recently restored to the possession 
and enjoyment of his long lost kingly powers and pre- 
rogatives. The people of Rhode Island, as well as 
Connecticut, hailed it as affording them an opportunity 
to secure their own independent existence, and to pro- 



340 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Upon the tect themselves against the hostility which they had 

restoration , , . j « ,, . . , ■• -v T 

ofthemon . already experienced irom their sister colonies. New 
archy un- Plymouth, Massachusetts Bay, Connecticut and New 

der Charles TT J \ • - ., . i n 

II., i6Cu. Haven had entered into a league ior their mutual de- 
fence and protection from which the Providence planta- 
tions were excluded. "This colony never could be 
Relations acknowledged for a colony till his majesty's charter was 
other New published, though in the year 1643, they sent over some 
England j n to England to procure the king's charter then, but 
finding that unnatural war begun and the king gone 
from London, (as we have seen,) they took a charter 
from the Lords and Commons, which was more than New 
Haven did pretend to, and more than Connecticut could 
lett's Colo- show, yet these two were admitted by the colonies to their 
nial Rec- great combination, and Rhode Island was slighted."* 

ords R. I., ° . 7 s j 

129. Her patent having been thus procured under a revo- 

lutionary administration, was by a strange inconsistency 
— for all of the New England colonies now held their 
territory and constitutions by a title more or less revo- 
lutionary — regarded as not entitling her to the position 
or consideration of a regularly organized colony, invest- 
ed with full corporate and political powers. Massachu- 
setts Bay was continually claiming jurisdiction within 
Claims of her precincts on this pretext, and so earnestly, from 
Mass. Bay. fi me to time, was her persistent and vexatious claim 
pressed upon them, that on a repetition of it in Sep- 
tember, 1655, Roger William's thus broke out in a letter 
Roger Wil- to the government of that colony: 
Ma™ 8 Bay " Honored Sirs, I cordially profess it before the Most 
1655*. ' ' High, that I believe it, if not only they* but ourselves 
*leofPaw- aild tne wnole country were by joint consent, subject to 
tuxet. your government it might be a rich mercy: But as 
things yet are, and since it pleased first the parliament, 
and then the Lord admiral and committee for foreign 
plantations ; and since the council of state ; and lastly 
the Lord Protector and his council, to continue us as a 
distinct colony; yea, and since it hath pleased your- 
selves, by public letters and references to us from your 



THE UNITED STATES OF AMERICA. 841 

THE COLONY OF RHODE ISLAND. PART II. 

public courts, to own the authority of his Highness 

amongst us : Be pleased to consider how unsuitable it 

is for yourselves (if these families at Pawtuxet plead 

truth) to be the obstructers of all orderly proceedings 

amongst us : For I humbly appeal to your own wisdom 

and experience, how unlikely it is for a people- to bei ett > s c lo- 

compelled to order and common charges, when others nia } ** ec ; 

. . ,. ordsR. I., 

in their bosoms are by such (seeming) partiality ex- 323. 
empted from both."* 

Connecticut, though in reality possessing no better 
title to her own jurisdiction, had also at times infringed 
upon the rights of Rhode Island, and was even now 
supplicating the crown for a charter conveying a title 
beyond her own proper territorial precincts. Appre- 
hensive under these circumstances that they might 
become absorbed in one or the other of these rival gov- 
ernments, the people of Rhode Island determined to 
make application to Charles II. for a patent which 
should confirm to them their title to the soil, and invest 
them with the requisite corporate powers, and political 
jurisdiction over it. Accordingly, at a session of the 
general court of commissioners, held at Warwick, on 
the eighteenth of October, 1660, a commission for that 
purpose was ordered and executed, as follows, viz : 
"To our trusty and well-beloved friend and agent, Mr. 
John Clarke, of Rhode Island, physician, now resid- 
ing in London, or Westminster. 

" Whereas, we, the colony of Providence Plantations in Commis- 
New England, having a free charter of incorporation negotiate 
given and granted unto us in the name of the king and for a char - 

. ' ter from 

parliament of England, bearing date Anno Domini one the crown, 
thousand six hundred and forty-three; by virtue of igg 18 ' 
which charter this colony hath been distinguished from 
the other colonies in New England ; and have ever been ; 
and to this time maintained government and order in 
the same colony by administering judgment and justice 
according to the rules in our said charter prescribed. 
And further, whereas there have been sundry obstruc- 



342 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Upon the tions emerging, whereby this colony hath been put to 
of the mon- trouble and charge for the preservation and keeping 
archy. inviolate those privileges and immunities to us granted 
in the aforesaid free charter ; which said obstructions 
arise from the claims and encroachments of neighbours 
about us, to and upon some parts of the tract of land 
mentioned in our charter to be within the bounds of 
this colony. 

" These are therefore to declare and make manifest 
unto all that may have occasion to peruse and consider 
of these presents, that this present and principal court 
of this colony, sitting and transacting in the name of 
Commis- his most gracious and royal majesty, Charles the II. by 
sion to ne- fl ie grace of God, the most mighty and potent king of 
a charter England, Scotland, France and Ireland, and all the 
crown ie dominions and territories thereunto belonging — do, by 
Oct., 1660. these presents, make, ordaine, and constitute ; desire, 
authorize, and appoint, our trusty and well beloved 
. friend, Mr. John Clarke, physician, one of the mem- 
bers of this colony, late inhabitant of Rhode Island in 
the same colony, and now residing in Westminster, our 
undoubted agent and attorney ; to all lawful intents 
and purposes, lawfully tending unto the preservation 
of all and singular the privileges, liberties, boundaries, 
and immunities of this colony, as according to the true 
intent and meaning of all contained in our said char- 
ter, against all unlawful usurpations, intrusions and 
claims, of any person or persons, on any pretenses, or 
by any combination whatsoever : Not doubting but 
the same gracious hand of Providence, which moved 
the most potent and royal power aforesaid, to give and 
grant us the aforesaid free charter, will also still con- 
tinue to preserve us in our just rights and privileges, 
by the gracious favor of the power and royal majesty 
aforesaid ; whereunto we acknowledge all humble sub- 
mission and loyal subjection. 

" Given in the twelfth year of the reign of our 
sovereign lord, Charles the second, king of 



THE UNITED STATES OP AMERICA. 343 

THE COLONY OF RHODE ISLAND. PART II. 

England, Scotland, France and Ireland. — At Upon the 
the general court, holden for the colony of of &t tn l e at1011 
Providence plantations at Warwick, the 18th monarchy 

"under 

day of October, anno domini 1660, sealed Charles II. 
with the seal of the colony." 



This commission, it will be observed, is very care- policy of 
fully drawn, so as not to offend the ear of majesty. It ie < ^j!? r " 
overlooks the interregnum of the commonwealth, their alle 
although the colonial government had recognized its^couv 
supremacy, and directed that all transactions in the mon " 

. .. . , wealth, 

colony " should be issued out in the name of his i654. 
highness the lord protector of the commonwealth of 
England, Scotland and Ireland, and the dominions 
thereto belonging."* 

So also on hearing of the death of Oliver and the suc- 
cession of Richard Cromwell in 1658, they hastened to 
make their appeal to him for the preservation of their 
charter, wherein they say — "May it please your highness. Their alle- 
It was inexpressible sorrow to us to receive the tidings §'. a " ce }° 
of your and the three nations', and our own and sore Cromwell, 
loss, in the late departure of your and the nations' most y ' 1659 ' 
renowned lord and father. And it was and is as great 
a joy unto us that it hath pleased God to provide for 
the three nations and ourselves such a cordial as your 
highness is, both in respect of your renowned stock, 
and also of that high worth and hope of which we have 
heard your highness' self to be : In whom our humble 
desires are, that the three nations and ourselves may 
find a healing of our so great a wound and stroke. 
Our deepest wishes and humble desires unto God, the 
father of lights, are, for a double portion of your blessed 
father's spirit to be poured down into your highness' 
noble breast, and instead of an earthly crown, (which 
his heavenly mind refused) we most earnestly wish*lBart- 
your highness and the lords of your most honorable J^i rS 1 °" 
counsel to be crowned with the crown of wisdom and R - L t 
fortitude, prosperity and success, obedience and love 
of the nations." * 



344 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Their ai'c- And still farther, even so late as the sitting of the 
parlia- ° general court of the colony in August, after the 
ment Au- abdication of Richard Cromwell, they recognized the 

gust, 1659. ' J ° 

existence and the authority ol " the high court of par- 
liament" and "the right honorable council of state in 
England." And subsequently, having been informed by 
"letters from Mr. Clarke out of England, that the pres- 
ent government thereof is by the old parliament, as it was 
six years since without a single person or house of peers," 
And in they hasten to declare — "It is ordered by this present 
1659. C ' court that all warrants and summons shall be issued 
forth in the name of the supreme authority of the com- 
monwealth of England ; and that all writs and war- 
rants formerly issued out, or bond taken, in the name 
* l Bart- of the lord protector, shall be in force until those 
423. " ~ actions be issued and accomplished."* 
Policy of Mr. John Clarke was the watchful and efficient 
courtof rE a S en * °f the colony, in London, at each of these dates, 
the colony. an( J it is evident that both he and the ruling men of 
Rhode Island were skillful diplomatists ; and they knew 
well how to suit the action to the word and the word 
to the action, whenever occasion or interest required. 
The negotiations for a charter from Charles II. are 
alike creditable to the intellectual and diplomatic abil- 
ities of their agent, however they may be regarded in 
respect of their historical verity. 
Its action r rj ie crown, it will be remembered, was restored to 

on rccciV" 

ing inteili- Charles II. in June, 1660. The intelligence was imme- 
the resto- aiate ly communicated by Mr. Clarke to the general 
ration, court, enclosing a copy of the king's letter to the par- 
1660. ' liament, and his declaration and proclamation on as- 
cending the throne. Copies of these documents were 
received in Rhode Island, and opened and read at the 
October session of the court in the same year ; where- 
Charles II. upon — " It is ordered that his royal majesty, king 
k[ngat med Charles the Second, king of England, Scotland, France, 
Warwick, and Ireland, with all the dominions and territories 
thereunto belonging, shall be proclaimed to-morrow 
morning at eight of the clock, in presence of this pres- 



THE UNITED STATES OP AMERICA. 345 

THE COLONY OF RHODE ISLAND. PART II. 

ent court ; and that the officers of the traine band of 
this town do' rally the company or traine band of this 
town together to solemnize the proclamation. It is 
ordered that all writs, warrants, with all other public 
transactions, shall be from henceforth issued forth and 
held in his royal majesty's name ; and that all bonds 
formerly taken, shall continue in force till issued. 

"It is ordered that on the next Wednesday, which Charles II. 
will be on the 21st of this instant month, each town in c i a i„ e ^ " 
this colony shall then, at the head of the company of ^ m S 
each traine band, solemnize the proclamation of his out the 
royal majesty; and that the captain of each town is 00011 ^ 
hereby authorized and required to call the traine bands 
together to solemnize the said proclamation on the 
aforesaid day, if the weather do permit ; if not, it is to 
be done on the next fair day, and that all the children 
and servants have their liberty for that day."* * x Bart - 

J J * lett, 432. 

It was immediately following these orders of the gen- The com- 
eral court, that a committee was appointed for the pur- raission t° 

. . Mr. Clarke. 

pose, and on the same day reported the commission to 

Mr. Clarke which I have already transcribed- This See page 

3-11 

commission, subscribed by the general recorder with 
the seal of the company annexed, was enclosed, with 
copies of the foregoing orders of the general court, 
" in a letter to Mr. Clarke, in answer to his letter," 
and at once transmitted to England. On receipt of 
these documents, he proceeded without delay to the 
discharge of his important trust, by addressing his 
majesty as follows : 

"Petition of John Clarke, Agent of the Colony of Rhode 
Island, to the King. 

" To Charles the second : By the wonderful, provi- The first 
dent, and gracious disposing hand of the Most High,P e c t j^°' lfor 
of England, Ireland, and Scotland, with the large do-1660. 
minions and territories thereunto belonging : 

" High and Mighty King ; The humble petition and 
representation of John Clarke, on the behalf of the 
purchasers and free inhabitants of Rhode Island, and 



346 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

First peti- of the colony of Providence plantations in the Narra- 
Charies II g anset ts Bay, in New England, most humbly showeth, 
for a char- that your petitioners were necessitated long since, for 
Ca ^ I cause of conscience with respect to the worship and 
their re- service of God, to take up a resolution to quit their 
America. dear an( ^ native country, and all their near and pre- 
cious relations and enjoyments therein, and to expose 
themselves and their families to all the hazards and in- 
conveniences, which they might meet with upon the 
vast and swelling ocean over which they should pass, 
or in the barbarous and howling wilderness to which 
they might come. That being thus resolved, they were 
by the greatly obliging clemency of your royal father, 
not only permitted to prosecute this resolution of theirs, 
but by singular favours and privileges bestowed upon 
them encouraged therein. That your petitioners being 
thus resolved and encouraged, after a long encounter 
with many perils of sea and robbers, were by the good 
hand of the Lord safely conducted unto, and caused to 
arrive in those parts of America, where, for the afore- 
Cause of said causes of conscience, and for peace sake, they were 
their re- a j gQ necess itated to travail further among the barbari- 
from Mas- ans in places untrod, and with no small hazard to seek 
gchusetts ^^^ a pi ace f habitation, where, according to what was 
propounded in your petitioners' first adventure, they 
might with freedom of conscience worship the Lord 
their God, as they were persuaded." 
Their re- " That being in this wandering posture, in this vast 
Na^ra* 10 and desolate wilderness, they were by the provident 
eetts Bay. hand of the Most High, guided to steer their course 
into the thickest of the most potent princes and people 
of all that country ; where, by his wonderful working 
power upon their hearts, as a signal token that the hearts 
of princes and people are in his hands to dispose of as 
he pleases, your petitioners found them free to admira- 
Their re- tion > not onl y to P art witn tlie choicest parts of their 
ception by territories, being no ways inferior for commodious har- 
tiveiT" hours in all respects unto any parts of that country, 



THE UNITED STATES OP AMERICA. 347 

THE COLONY OF RHODE ISLAND. PART II. 

but also to quit their native, ancient, and very ad van- First peti- 

tageous stations and dwellings thereon to make room caries n. 

for them. for a char - 

, . , i ,1 j i j ter > I660 « 

" That your petitioners having thus, by the good hand 

of the Lord, and countenance of their prince, gone forth, 
found out, purchased, possessed and planted those parts 
of the world in all desirable freedom and liberty in all Freedom 
respects, both among themselves in giving to all (in pf a SS5 0tti 
point of freedom of conscience) what they desired for 
themselves from all others, whether English or Indians, 
found themselves necessitated, at least, for some time, 
for the preservation and accommodation for themselves 
and their families, to forbear to make application unto 
the sovereign power to which they adhered, and in lieu 
thereof and grace to enter into an actual agreement 
among themselves ; and as the true natives of Eng- 
land, (though so remote) and the loyal subjects thereof, 
for the present to regulate themselves by the laws of 
that nation, so far forth as the nature and constitution 
of the place and the professed cause of their conscience 
would permit." 

" That your petitioners, as a further manifestation Appiica- 
of their willing dependence upon and loyalty to the ^ e n f ^° r r 
sovereign power of these nations, did about the year charter. 
'42, with one consent, make their addresses by their 
agent unto your royal father, for his further and more 
particular countenance and encouragement therein ; 
upon which address in the year '43, there was granted 
unto your petitioners, from the commissioners empow- 
ered from both houses of parliament for the general 
management of foreign plantations, a free and absolute 
charter of civil incorporation, whereby they were em- The char- 
powered to choose their own officers, and to make their !? r from 

. ' the earl 

own laws, only with this limitation, that they should be of War- 
so near the laws of England as the nature and the con- wlck " 
stitution of the place would admit. That your peti- 
tioners, having received the charter, forthwith grounded 
their government thereupon, and with excessive travail 



348 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

First pcti- and charge compiled a brief body of laws for the main- 
Charles II taining ot " civil s o ciet 7> and for the administration of 
for a char- judgment and justice amongst themselves ; being drawn 
from and founded upon the laws of England, so near 
as the nature and constitution of the place with the 
premised cause and state of their conscience, would per- 
mit ; and ordered that all writs, both original and judi- 
cial, should proceed in his majesty's name as the rest 
of the corporations in England were wont to do. 
Demon- " That your petitioners, upon the first intelligence of 
strations the wonderful working hand of the Most High, in mak- 

of allegi- , ° ° ' 

ance to his ing way to administration for your majesty's return 
majcsty ' unto your royal throne, did forthwith call a general 
court, and therein as a testimony of our ready and 
joyful reception of you, and of your petitioners faith- 
ful allegiance and loyalty to you, did order, of your 
petitioners own accord, and with joint consent, that 
your majesty should be forthwith proclaimed with as 
much solemnity as they could, in all the towns of that 
country. That all judicial proceedings and acts of 
power should issue forth in your royal name, and that 
a commission and letter of credence should be sent 
unto your unworthy petitioners, in order to make their 
humble address unto your majesty. 

" Wherefore, king ! seeing it hath pleased the Most 
Holy Majesty on High, the King of kings, to remember 
you in your low and exiled state, with such wonderful 
and obliging favor, whereby as it were without hands, 
you have been restored to and clothed with more excel- 
lent majesty, and more absolute sovereign power, than 
your ancestors have attained unto, and seeing the state 
of the case with your poor petitioners is really such as 
hath been presented, ive are humbly bold to congratu- 
late your majesty in this our address, humbly prostrat- 
Proffertof ing ourselves with our purchase and charter, being the 
thVln- 001 titles we have to our land and government, at your 
dians and majesty's feet, humbly craving we may find such grace 
Warwick, in your sight, whereby under the wing of your royal 



THE UNITED STATES OF AMERICA. 349 

THE COLONY OF RHODE ISLAND. PART II. 

protection, we may not only be sheltered, but caused to Second pe- 

n • i • ■ i 3 v ■ * • + i tition t0 

nourish in our civil and religious concernment m these Charles II. 
remote parts of the world. So shall your servants for a „ cliar * 

r J . ter, 1660. 

take themselves greatly obliged — while they are quietly 
permitted with freedom of conscience to worship the 
Lord their God, as they are persuaded — to pray for the 
life of the king, even that he may live forever and ever, 
and to make it their study which way they may best 
approve themselves, your royal majesty's most humble, * i Bart- 
faithful and obedient subjects. ^" c ' s g 0l j 

John Clarke."* 485.' 



"Second Address from Rhode Island to king Charles the 
Second, for a Charter. 

" To Charles the Second; by the wonderful, provident, 
and gracious disposing of the Most High, of England, 
Scotland and Ireland, with the large dominions and 
territories thereto belonging : 

"High and mighty king: The humble petition and 
representation of John Clarke on the behalf and in the 
name of the purchasers and free inhabitants of Rhode 
Island, and of the rest of the colony of Providence 
plantations, in the Narragansetts Bay, in New England : 
most humbly shoiveth, that forasmuch as the state of the Reference 
case with your poor petitioners is really such as liath tot . h . e first 
been presented unto your majesty in their former hum- 
ble address, being hereunto annexed : As also to the 
case and manner of their first going forth from old 
England to new, and of their remove from the place 
where first they landed unto the place where now they 
are pitched. 

"As to the wonderful passages of the providence of Derivation 
the Most High (from whence the plantations have taken n ame%nd 
their name) in guiding them thither and in making planting of 
room for them there, whereby they have purchased, 
possessed, and planted these parts of the world in all 
desirable freedom and liberty, in all respects, both 
among themselves and from all others, whether Eng- 



350 THE GOVEENMENTAL HISTORY OP 

Part II. new England. 

Second pe- lish or Indians ; as to their humble address unto your 
Charles II T0 J a ^ fath er f° r hi s further and more particular coun- 
for a char- tenance and encouragement of them in these their so 
happy and so successful beginnings. As to their ob- 
taining a charter of civil incorporation the grounding 
of their government thereupon, and causing all the 
visible acts of power to issue forth in his majesty's 
name : 

"And lastly, as to their manner of the entertaining 

the first intelligence they had of your majesty's return 

to your royal throne, in causing a general court to be 

forthwith called, and therein as a testimony of their 

Touching ready and joyful reception of you, and of their faithful 

their loyal a ii eQ -i ance and loyalty to you, in that they did order of 

reception ° ' * *. ' J 

of his res- their own accord and with joint consent, that your 
majesty should be forthwith proclaimed with as much 
solemnity as they could in all the towns of their colony ; 
and that all judicial proceedings and acts of power 
should issue forth in your royal name. 
Affirma- " Wherefore your petitioners humbly pray your maj- 
tion of un- es ty' s favorable aspect towards them, who have still in 

bending J -, . , o j »a 

allegiance, their remove and in the rest ot their actings, made it 
manifest that they, as the true natives of England, have 
firmly adhered in their allegiance and loyalty to the 
sovereignty thereof, although by strangers by many 
fair proffers again and again allured therefrom, and 
have it much on their hearts (if they may be permitted) 
to hold forth a lively experiment, that a flourishing 
civil state may stand, yea, and best be maintained, and 
that among English spirits, with a full liberty in 
religious concernments, and that true piety rightly 
Religious grounded upon gospel principles, will give the best and 
se^uriVof g reatest security to true sovereignty, and will lay in 
all govern- the hearts of men the strongest obligations to true loy- 
alty ; to which end we are humbly bold, royal sire, to 
present to your majesty this our first and second ad- 
dress, and therewith humbly prostrate ourselves, your 
royal highness' subjects, with our purchase and our 



THE UNITED STATES OF AMERICA. 351 

THE COLONY OF RHODE ISLAND. PART II. 



government, at your majesty's feet ; hopefully craving 
we may find such grace in your sight, as to receive from 
your majesty a more absolute, ample, and free charter 
of civil incorporation, whereby under the wing of your Character 
royal protection, we may not only be sheltered, but of the 
(having the blessing of the Most High superadded as prayed f or# 
from former experience we have good grounds to ex- 
pect) may be caused to flourish in our civil and reli- 
gious concernments in these remote parts of the world ; 
so shall your servants take themselves greatly obliged — 
while they are quietly permitted with freedom of con- 
science to worship the Lord their God as they are per- 
suaded — to pray for the life of the king, even that he 
may live forever and ever, and to make it their study 
which way they may best approve themselves. 
. "Your Royal Majesty's most humble, faithful, and* 1Bart . 
obedient subjects. lett ' s Co1 - 

John Clarke."* 48 e 9.'' ' "* 



At what date precisely these petitions were drawn, The peti- 
how great an interval elapsed between them, or what tlons ' 
were the particular causes of delay or uncertainty 
which attended this negotiation for a charter from the 
crown, we have no means of ascertaining. The colo- 
nial records are silent on the subject. But the petitions 
themselves are important as showing the character of 
the people who planted the colony, the principles which 
they advocated, and the nature of the experiment they 
had undertaken in this far off land, in the midst of the 
fiercest and most powerful of its native Indian tribes. 
An experiment the grandest and most interesting of 
any that had as yet been attempted in any age or coun-Theexperi- 
try, or even hitherto in New England. An experiment ^ n ^ in 
which should demonstrate to the world "that a flour- Island, 
ishing civil state may stand, yea and best be maintained, 
with a full liberty in religious concernments ; and that 
true piety rightly grounded on gospel principles, will 
give the best and greatest security to true sovereignty, 



352 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Reception and will lay in the hearts of men the strongest obliga- 

ter from tions to truer loyalty" to the governing power. 

£ in s „ The earliest intimation we have of the result of this 

Charles II., . . . . • '. 

Nov., 1663. negotiation, is contained in the record of the sitting of 

the general court, at Newport, November twenty-fourth, 

1663, at which time, we are informed, 

" It was ordered and voted, nem contra dicente, 

" Yoted 1. That Mr. John Clarke, the colony agent's 

letter to the president, assistants and freemen of the 

colony, be opened and read, which accordingly was done 

with good delivery and attention. 

" Voted 2. That the box in which the king's gracious 

letters were enclosed be opened, and the letters with 

the broad seal thereto affixed be taken forth and read 

The char- by captain George Baxter in the audience and view of 

played" and a U ^ nG people, which was accordingly done; and the 

read before said letters with his maiesty's royal stamp and the 
the people. . , . . . , , . . , , , 

broad seal, with much becoming gravity, held up on 

high and presented to the perfect view of the people, 
and then returned into the box and locked up by the 
governor, in order to the safe keeping of it. 
Thanks to " Voted 3. That the most humble thanks of this colo- 
e ing ' ny unto our gracious sovereign lord, king Charles the 
second, of England, for the high and inestimable, yea 
incomparable grace and favor unto the colony in giving 
those his gracious letters pattent unto us; may be 
returned by the governor and deputy governor on the 
behalf of the whole colony." 
The free This charter incorporated the colony as The Govern- 
Cimries II or an< ^ Company of the English Colonies of Providence 
1663. and Rhode Island Plantations in New England in 
America. It was in substance and reality a re-affirm- 
ance of the grant from the Earl of Warwick, with a 
more accurate designation of its precincts. It placed 
the colony on an equal footing with the other colo- 
nies, allayed all animosities, and led to the establish- 
The gov- m ent of a fraternal intercourse between them. Under 

ernment . ,. . . . . , 

under it. it the executive power was vested in a president or gov- 



THE UNITED STATES OP AMERICA. 353 

THE COLONY OF RHODE ISLAND. PART II. 

erncr, deputy governor, and ten assistants elected by Under the 

free ctisir- 

the freemen of the plantation. The legislative author- terof 
ity consisted of the chief magistrates, the ten assist- charles IL 
ants, and delegates chosen from the several towns. 
Newport was entitled to send six delegates, and the 
towns of Providence, Portsmouth, and Wanvick, four 
each ; and all other towns two each. The governor or 
deputy governor, with six assistants, constituted a quo- 
rum for the transaction of executive business. The 
general assembly was vested with full power, to enact 
laws, admit freemen, choose public officers, establish 
courts of justice, punish offences, and generally to do 
whatever was necessary for the common defence and 
general welfare of the inhabitants of the colony. 

The most remarkable feature in this charter, and that Religious 
which distinguished it from those of the Qther colonies, s ec e u r r e d by 

was, unqualified religious toleration. It provided "that cnarter 

• i • i i -i <> i n from the 

no person within the colony at any time hereatter shall crown. 

be in any way molested, punished, or destroyed, dis- 
quieted, or called in question, for any difference of opin-* 2 Bart- 
ion in matters of religion, and do not disturb the peace Jett'sCol. 
of the colony. * 37. 

This was the first royal charter which recognized and 
protected the right of religious liberty ; and it may at 
first seem strange that it should have emanated from 
such a monarch as Charles II., and at such a time in 
the history of the mother country. The principle for 
which so many trials had been endured, for which so 
many sacrifices had been made, so many lives periled, 
and so much blood poured out, was at length fully guar- 
anteed under the royal seal. We will not boast of it 
as a New England, but are content and rejoice to say it 
was an American achievement. It was the proudest tri- The prot- 
umph yet recorded for the advocates of human liberty. n ^' n "* ^ e e ~ 
It illustrates the progress of human improvement, and veloped by 
magnifies while it demonstrates the power and the lib- ter . 
eralizing and conservative influences, of the essential 
23 



354 THE GOVERNMENTAL HISTORY OF 



Part II. new England. 



Under the elements of freedom inherent in a true Protestant 

free char- .-*, ... ., 

ter of Christianity. 

Charles II. Hence there may well linger in the minds of the 
curious and the inquisitive a degree of surprise that a 
charter so liberal should have received the sanction of 
Charles II. Among the variety of speculations on the 
subject put forth by different historians, I have found 
none which satisfy the enquiry. The charter of the 
colony of Connecticut, procured by the younger Win- 
throp from the same monarch, though not so liberal in 
its provisions as this to Rhode Island, gave rise to simi- 
lar speculations. But they are made in forgetfnlness, 
or disregard, of the progress of free principles as devel- 
oped both in England and America during the suspen- 
Origin of sion of the regal authority. The idea of supremacy 
provisions. m * ne sovereign, if not wholly annihilated by the exe- 
cution of Charles I., became at any rate afterwards so 
essentially modified throughout Great Britain that it 
could not again command the same unquestioned alle- 
giance it had formerly done. Besides, whatever feel- 
ing of dissatisfaction might endanger the stability of 
the throne, in the person of the restored prince, was 
well disposed of by turning it to the outlet opened in 
America. Not only so, but the experiment had already 
been tried in New England, and the success of it proved 
in Rhode Island, that freedom of opinion, and freedom 
of conscience, and freedom of worship, could well con- 
sist with loyalty to the civil power in the state. It is 
evident that these liberal sentiments had so infused 
themselves into the minds of all classes of men, both in 
the church and the state, that the sovereign could not 
with safety to his crown refuse to recognize their dis- 
tinctive existence and practical operation. 
imprcs- Again, it is evident that until after the restoration of 

tmerkfa Charles II. the full extent, value, and importance of 
before the her possessions in America was not at all known, or 
Soi?**" even suspected, in England. The rapid and vigorous 
growth of the colonies of New England and Virginia, 



THE UNITED STATES OP AMERICA. 355 

THE COLONY OF RHODE ISLAND. PART II. 

their intercolonial trade, the vast resources of the coun- Under the 
try, did not begin to be effectively enquired after until t ^ e f ar " 
the increasing commerce opened between the two coun- Charles II. 
tries disclosed the boundless benefits and inexhaustible 
wealth which might accrue to the parent state from its see Part I. 
fuller settlement and occupancy. 

Such undoubtedly were the considerations which 
moved the crown, and prompted the policy under which 
these charters were obtained. Charles II. had not been 
an idle or indifferent observer of the scenes which were 
enacting in England during the intervening years of 
his exile from the throne. The mistaken fiat of the 
father interdicting emigration, and thereby confining; 
within the limits of his own kingdom the seeds of that 
revolution which swept him from the sovereignty, was 
a voice of warning to the son which he dared not defy 
or disregard. Under these fortuitous circumstances it The mode 
was that the ruling men in the colonies ventured to^aTte'rs 
draft their own charters, which needed only the auto- were made, 
graph of the prince "with the broad seal annexed" to 
give them absolute efficiency, and which was obtained 
without any particular inspection of their provisions by 
the crown. The most that the sovereign cared or con- How re- 
cerned himself to know was, that it was essential to s arded h ? 

' the crown. 

people his extensive domain in the new world in order 
to render it a source of revenue to his exchequer, that 
allegiance to his sovereignty was secured, and that 
the settlers were " to imitate and follow as near as may 
be the often refined and wholesome laws of England. " 
Rhode Island was more indebted to Roger Williams 
for the free provisions of her charter than she was to 
Charles II. 

But to the colonies themselves the most material The true 
value of their charters, or patents, consisted in the fact co ioniai 
that they were a conveyance of the soil, a guar- charters, 
antee of their rights as Englishmen, of their title to 
the lands they occupied, and also defined their juris- 
dictional precincts. They have hardly ever been of 



v 



356 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

Under the any particular service to them in any other regard. 
ter e C f har " All tneir peculiar forms of government or administra- 
Charles II. tion, all their judicial establishments, all their institu- 
tions of commerce, of religion, of learning, of philan- 
thropy, and of charity, were of their own creation. 
The existence of these, and their practical operation 
and benefits, were as well and firmly established as if 
no charter had ever been issued. Their chief aim, 
indeed, was the security and protection of such their 
rights, but their anxieties were more severely exercised 
in securing an unquestioned title and jurisdiction in 
their territorial possessions. This is manifest in their 
eagerness to procure a patent, or a grant, or a recog- 
nition of their distinctive existence, from the supreme 
power in England under whatever administration, 
whether of the high court of parliament, the lord 
See ante, protector, or his majesty the king. Hence their seem- 
ing readiness to recognize such supremacy, as from 
time to time one or the other of these parties had the 
ascendency in the councils of the mother country. 
Hence also, the overthrow or repeal of their charters 
did not necessarily annihilate their governments and 
institutions of freedom, though it might in effect rob 
them of their title and jurisdiction of the soil so far 
as the crown was concerned. But what would even 
this signify when they were so far separated, so firmly 
planted, and so well established, that the parent power 
was too distant and too feeble to wrest from them that 
which they had grown to consider entirely their own ? 

Rhode Island continued under this charter down to 

the time of the American Revolution ; and the frame 

of government and policy of administration originally 

established under it, are still regarded as the basis of 

her present constitution and laws. 

The charge But it has been charged against Rhode Island, that 

tion e made" sne violated the principles of her free charter in the 

against the persecution of Quakers and Roman Catholics. I find 

no warrant for the charge in her records. Her oppo- 



THE UNITED STATES OP AMERICA. 357 



THE COLONY OF RHODE ISLAND. PART II. 



sition to them was chiefly directed to those doctrines 
which, in her own phrase, "tended to the very absolute 
cutting down and overturning relations and civil gov- 
ernment among men, if generally received." In 1658, 
the governor and council, being requested by the com- 
missioners of the United Colonies of New England, 
"to remove those quakers that have been received, and 
for the future prohibit their coming among them," 
replied — " as concerning these quakers (so called) we v ice of 
have no law among us whereby to punish any for only thel *? y ' r 

° J l j j an( j (_, un- 

declaring by words, &c, their minds and understand- cil as to the 
ings concerning the things and ways of God as to sal- loss?™*' 
vation and an eternal condition : And we, moreover, 
find that in those places where these people aforesaid 
in this colony are most of all suffered to declare them- 
selves freely, and are only opposed by arguments in 
discourse, that there they least desire to come. And 
we are informed that they begin to loath this place, 
for that they are not opposed by the civil authority, 
but with all patience and meekness are suffered to 
say over their pretended revelations and admonitions ; 
nor are they likely or able to gain many here to their 
way: Surely we find that they delight to be persecuted 
by civil powers ; and when they are so, they are like 
to gain more adherents by the conceit of their patient * B tI tt , 
sufferings, than by consent to their pernicious say- Colonial 

,,* Records. 

ings. * 

So also the general assembly of the colony, to whom Voice of 
the request of the general commissioners was submit- n iaiAs°' 
ted by the governor and council, declared in reply, that sembiy. 
"Wliereas, freedom of different consciences to be pro- 
tected from inforcements was the principal ground of 
our charter, both with respect to our humble suit for 
. it, as also the true intent of the honorable and re- 
nowned parliament of England in granting of the 
same unto us ; which freedom we still prize as the 
greatest happiness that men can possess in this world: 
Therefore, we shall, for the preservation of our civil 



358 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

The charge peace and order, the more seriously take notice that 

SoTmade" tllose P eo P le and any otner that are here, or shall come 
against the among us, be impartially required, and to our utmost 
00 on7 ' constrained, to perform all duties requisite towards the 
maintaining the right of his highness and the govern- 
ment of that most renowned parliament of England, 
in this colony ; which is most happily included under 
the same dominion, and graciously taken into protec- 
tion thereof. And in case they, the said quakers, 
which are here, or who shall arise or come among us, 
Voice of do refuse to subject themselves to all duties aforesaid, 
niai^Ls°" as * ramm g> watching, and such other engagements as 
sembly as other members of civil societies, for the preservation 
Quakers. °f the sam e in justice and peace ; then we determine, 
yea, and we resolve, to take and make use of the first 
opportunity to inform our agent resident in England, 
that he may humbly present the matter, (as touching 
the considerations premised, concerning the afore- 
named people called quakers,) unto the supreme au- 
thority of England, humbly craving their advice and 
order, how to carry ourselves in any further respect 
towards these people, so that therewithal there may be 
no damage or infringement of that chief principle in 
our charter concerning freedom of consciences — And 
we also are so much the more encouraged to make our 
addresses unto the lord protector, his highness and 
government aforesaid ; for that we understand there 
* Bartlett's are or have been many of the aforesaid people suffered 
Records, to live in England, yea even in the heart of the nation."* 
It is evident that these men understood too well the 
principles of freedom which they had made the basis 
of their charter and their government, to infringe its 
requirements. There could not be a more pointed 
or comprehensive concession to the Quakers, of the 
right of freedom and protection in religious matters, 
than is here set forth ; or a more precise and just 
discrimination between the exercise of that right and 
the requisitions of the civil authority. 



THE UNITED STATES OF AMERICA. 359 

THE COLONY OF RHODE ISLAND. PaKT II. 

How far their future action on this subject might Charge of 
have been controlled or guided by " the supreme author- Son made 
ity in England" to which it was resolved to submit the a s amst the 

J ° . colony. 

question in case of need, it is impossible to conjecture. 
The accession of Charles II. to the throne followed 
close upon these proceedings, and the new charter with 
the government established under it, were a surer guar- 
antee of freedom of conscience to all her inhabitants. 
In a report made by the king's commissioners concern- Voice of 
ing the New England colonies, soon after the issuing of C ommis- 
this charter, it was stated with reference to Rhode !i onei ?» 

. Dec. 1665. 

Island — "this colony, (ivhich now admits all religions, 
even quakers and g-eneralists,') was begun by such as the 
Massachusetts Bay would not suffer to live among them, 
and is generally hated by the other colonies, who 
endeavored several ways to suppress them."* 

So much in reference to the Quakers. As to the Treatment 
Roman Catholics, it is very doubtful whether any law catholics! 
was ever enacted restraining the exercise of their reli- 
gion in the colony. All that the records disclose on 
this subject is an enactment which provided — " that all 
men professing Christianity, and of competent estates, 
and of civil conversation, who acknowledge and are 
obedient to the civil magistrate though of different 
judgments in religious affairs, (Roman Catholics only 
excepted) shall be admitted freemen, and shall have 
liberty to choose and be chosen officers in the colony, 
both military and civil."* 

Mr. Bartlett thinks the words in the parenthesis 
excepting- Roman Catholics, were interpolated, and 
argues very justly in favor of this view, that " any such 
act as that in question was totally at variance with the 
uniform policy of the colony from the beginning, as 
well as with the antecedents of Roger Williams and the 
first settlers of the colony, and their opinions regard- 
ing freedom of conscience and religious liberty when- 
ever expressed." And I agree in the opinion ; it ean- * 2 Bart- 
not be reasonably supposed that at a time when they R ec . R. i. 



360 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 



Charge of were exhibiting so much gratitude that the principle of 
tion made religious liberty had been incorporated into their char- 
agamst the i er by the cr0 \vn ; and just when they were placing the 
topmost stone upon the grand and original fabric of a 
civil government established upon the principles of uni- 
versal religious toleration, and which they had labored 
so hard to maintain, they should pass any law, or sanc- 
tion any conduct in the magistracy, directly at variance 
with it all. 

But suppose they did? Is nothing to be extenuated 
by the age in which they lived, the circumstances by 
which they were surrounded, or the newness of, and the 
opposition to, the experiment they had undertaken? 
Is nothing to be excused for errors which may have 
been committed under the vexations which oppressed 
them while they were " generally hated by the other 
colonies, who endeavored several ways to suppress 
them?" Or is it at all strange that they feared the 
power of Romanism ? They learned this of the mother 
See the old country. It was a part of the colonial common law 
Ac^Part incorporated into all their ancient charters from the 
I- crown. The whole development of the reformation 

taught them and mankind this great truth ; that as the 
political elements of Protestantism tended to the utter 
severance of the church and the state so also the 
political elements of Romanism tended to the union of 
both and the subjection of the latter to the supremacy 
of the former. The essential elements in either were 
antagonistic to the other, and their moral affinities 
The com- were such that they could not both subsist together 
their^con- without strife. It was a difficult task at this early 
dition. period to draw the line between their several and 
respective political and religious aims and say where, 
or how, the two could act in harmonious safety: Or 
so to uphold the power of the civil administration "as 
not to infringe the great principles of religious liberty 
secured by their charter." 

But I care not to search for, or to enquire after, any 



THE UNITED STATES OF AMERICA. 361 

THE COLONY OF RHODE ISLAND. PART II. 

occasional violations of it upon which to pronounce 
sentence of condemnation against Rhode Island : Nor 
can I sympathize with those who revel with a malicious 
joy over any such transient exhibitions of the weakness 
or waywardness of her infant life. It is enough to 
know, — and to the lasting glory and honor of their 
memories and their names let it be recorded — that the 
founders of this colony sunk their shaft deep in the 
quarry of the reformation, and from the confused and 
heterogeneous mass of its composite elements brought 
forth that golden ore of free toleration which graced 
the most polished corner in the great temple of freedom 
reared in New England. Call their errors the acts of 
sectaries or enthusiasts, of heretics or bigots, if you 
will ; they were nevertheless, but traces of the ingrained 
shackles of the human mind emerging from the thral- 
dom in which the ignorance and superstitions of past 
ages had so long bound it, and endeavoring to assert its 
individual sovereignty and independence in the domain 
of thought and conscience ; thus clearing the way for a 
far brighter day of liberty, religion, and justice. 

Such was the origin, and such as I have successively Further 
traced them, were the general governmental features ^f^*®^ 
of the principal colonies embraced in the early history opments in 
of New England. Causes mostly of a similar character gjoVofher 
led to a still further dispersion and extension of their settle - 

QlGlltS 

settlements over the face of the country. New sects 
and new leaders springing up from time to time among 
them, and finding their opinions but little respected, 
went out and planted new townships. In the early his- 
tory of the colony of Connecticut, as also of Massachu- 
setts Bay, several towns were planted by adventurers 
who attempted to establish their civil government on as 
independent a basis as the religious organizations of 
their settlement, claiming that each town should be as 
distinct and independent of every other and of the 
colony, as each church or congregation was of any sis- 
ter association. These tenets, however, had but a tern- 



362 THE GOVERNMENTAL HISTORY OP 

Part II. new England. 

Triumph porary existence, though in course they contributed 
antism^n" their share to the peculiar characteristics of the general 
the revolu- colonial administration. Thousands also from the 
1688-90. mother country continued daily to throng the New 
England coast, and to pour into her unoccupied terri- 
tories ; so that at the time of the revolution in England 
she contained more than one hundred and fifty towns, 
about sixty churches, and upwards of fifty thousand 
•Winter- inhabitants.* That revolution, which terminated in the 
elevation of William and Mary to the throne, formed an 
important era in the governmental annals of the colonies 
in America as well as those of the mother country. 
It was the grand triumph of the political elements of 
Protestantism which made the law the dispenser of the 
Change in crown, and the will of the people the source of its sov- 
constitu-" ereignty and stability. The liberal theory of the prot- 
tion, and es tant succession, which it grafted into the British consti- 

colonial . ' ~ , 

policy. tution, became the guarantee of a more liberal and less 
changeful colonial policy. Under it the capacities and 
resources of this new world were more rapidly devel- 
oped, while the crown and the nation year by year 
thought more proudly of its possessions in America. 
Relations From this period to the time of our own revolution 
nie^from " * ne P ro g ress °f ^ ew England was one of rapid and 
this period, unrivaled prosperity. Though scattered widely over 
her extended territory, and under different jurisdictions, 
the inhabitants of the different colonies yet cultivated 
a fraternity of feeling and interchange of trade with 
each other. Whatever might be their religious differ- 
ences they yet intermingled, and on occasion banded 
together for their mutual protection and safety. In 
these necessary associations, and occasional confedera- 
See Part cies, with each other and with other colonies, they learned 
*^' how one general and harmonious union might consist 

with a variety of local interest, or opinion, or religious 
faith, or even sectional rivalry. They also learned, 
and grew in the conviction, that freedom of opinion, 
freedom of conscience, and freedom of worship, were 



THE UNITED STATES OP AMERICA. 363 

NEW ENGLAND. PART II. 

essential elements of liberty, and not incompatible with 
freedom or sovereignty in the state. That the machin- 
ery of government, however extended or complicated, 
could be successfully and effectively operated, no matter 
how widely its subjects might differ in judgment or 
opinion on questions of church or state policy. By 
this experience, too, running through an entire century, 
the colonies of both North and South Virginia learned 
those lessons of concession and conciliation which pre- 
pared them for that future era of a greater and more 
permanent confederacy. 

Here I close the history of North Virginia or New Conclusion 
England, the second grand division of the continent 
made by James I., which I have made the second part 
of this work. It cannot be that we have gone over it 
without interest or instruction. We have seen a wild, 
inhospitable, cheerless, and lonely shore, converted into 
a cheerful, inviting, and fruitful garden of freedom. 
We have seen the wilderness' bud and blossom as the 
rose, and the desert and the solitary place made glad with 
the voices of industry, civilization, and religion. We 
have seen the pure principles of civil and religious lib- 
erty thrown out from among the discordant elements 
of political and" ecclesiastical tyranny and usurpation, 
without a home or a resting place, defended only by 
the poor, the illiterate, the despised, and the persecuted, 
acquiring strength and energy in the darkest hour of 
their peril, until they awaken the interest and the re- 
gard of the opulent, the honorable, the powerful and 
the mighty among men. We have seen how the bonds 
of social fraternity, and political union are originated, 
and how their spirit is formed in its infant state. We 
have seen small communities of men planting them- 
selves and their feeble families on the edge of an un- 
explored continent ; we have seen these communities 
reared and transformed into larger corporate bodies ; 
and have also remarked how, as they grew, the opera- 
tive principles of republicanism and the political ele- 



364 THE GOVERNMENTAL HISTORY OF 

Part II. new England. 

General ments of protestantism, have respectively developed 
remarks, themselves. While at the same time we have discov- 
ered by what a singular and peculiar instrumentality, 
and influenced by what causes, the characteristic quali- 
ties of this portion of our country have been originally 
acquired and successively delineated. The survey 
should awaken the ardor and quicken the energy of 
our devotion to institutions so wisely framed, and with 
so much toil, so much sacrifice, so much care, and so 
much blood consecrated by our forefathers. It should 
teach us to appreciate more fully, and to prize more 
highly, the noble heritage they have transmitted to us. 
Above all, it should rekindle our vigilance, and excite 
in us a lively jealousy of all, of any dogmas or systems, 
whether political or religious, which tend, either in 
theory or in thought, to undermine the foundations 
which they have laid. 

END OF PART II. 



PART III. 

GOVERNMENTAL HISTORY OP THE ANGLO-AMERICAN COLONIES FROM 

THE ACCESSION OP WILLIAM AND MARY, TO THE DECLARATION 

OF THEIR INDEPENDENCE. 

In the foregoing parts of this work I have traced the 
governmental history of British America in its two early 
and grand divisions, until we have seen its settlements 
assume the rank and consideration of regularly organ- 
ized political bodies, each under its separate and peculiar 
policy of government and forms of administration, as 
established at the time of the accession of William and 
Mary to the throne. I propose in this part to continue 
the subject in their smaller colonial divisions, from this 
time to the time of our revolution. This survey will in- 
clude a view of the causes which led to that event, and 
to the declaration of their independence ; which will 
bring me to the fourth and last part of my design, in 
which I shall treat of their consequent union as sover- 
eign states under the confederation, give an exposi- 
tion of the defects of those articles, and pursue the 
subject until its termination in their more perfect, per- 
manent, and happy union, under the present federal 
constitution. 

In reviewing the history of the early settlements 
made in New England, I have already pointed out the 
causes which led to the origin of the several colonies em- Their sub- 
braced in that portion of the continent. Most of the dlvlsl0D - 
other colonies which existed at the time of our revo- 
lution under separate organizations, were originally 
comprehended within the indefinite limits of the patent 
granted by James I., to the first colony of Virginia or 



866 THE GOVERNMENTAL HISTORY OP 

Part III. the thirteen colonies. 

the London company, sometimes also called the south 
Virginia company. On the dissolution of that corpo- 
ration their lands reverted to the crown, and were sub- 
sequently granted under new charters and their pre- 
cincts limited within more definite boundaries. 

NEW YORK 

NewYork. Was originally settled by emigrants from Holland, 
who seem to have taken occasion during the apathy of 
the crown, or while both the crown and parliament were 
agitated and absorbed by domestic dissensions, to take 
possession of the country ; which, with the present ter- 
ritory of New Jersey and Long Island, was originally 
called the New Netherlands, 
Expedition The Dutch founded their claim to it on the discover- 
ed Henry j eg ma( j e \)j Henry Hudson, the celebrated navigator, 
who discovered the river which now bears his name 
and the countries adjacent, under the auspices of the 
Dutch East India company. This voyage of Hudson 
was based upon the theory originally promulgated by 
Columbus, that a passage to the East Indies could be 
made by sailing westward, or towards what is now 
called the Pacific Ocean. It was under the impression 
that he had discovered an inlet to a passage through 
the continent of North America to the great ocean 
Discovery beyond, that he anchored off Sandy Hook, passed 
of Hud- through the narrows, and sailed up that majestic river. 

son's river. • 

' He continued his voyage for eleven days, penetrating 

as far up as the place where the city of Hudson now 

stands ; meeting with obstructions in this vicinity he 

terminated his explorations, dropped down the stream, 

and returned to Europe. 

The Dutch The Dutch East India Company continued to occupy 

WestTn d - the settlement of New Amsterdam on the island of 

dia com- Manhattan, now New York City, as a trading station, 

until their occupancy was superseded by, or merged in, 

that of the Dutch West India company, which was 

organized in the year 1621. This company had the 



THE UNITED STATES OP AMERICA. 367 

THEIR ORIGIN AND DESIGNATIONS. PART III. 

exclusive privilege, granted to them by the States Gen- New 
eral of Holland, to trade and plant colonies on any 0RK ' 
part of the American coast, from the straits of Magel- _ _., , 

^ ' ° * Wilson's 

Ian to the extreme north.* U. S. 

The directors of the company, as patrons or pa- Operations 
troons, took possession of large tracts of land upon the Dutch 
Hudson river, and also planted their trading stations West In ] 
upon the Connecticut and the Delaware : In fact, under pany. 
the very liberal grant contained in their charter the 
territory of the New Netherlands seemed to extend 
indefinitely in all directions.! In the almost intermin- 
able strifes which arose between the Dutch and the 
English settlers by the extension of its claims into the 
limits of New England, of Maryland, and even of Vir- 
ginia ; the company, and its agents and governors, came 
to be exceedingly unpopular in America. But the 
more enterprising spirit of the English at length retal- 
iated upon the Dutch, and the energy of the Saxon 
drove back the stubborn aggressions of the Hollander. 

The planters of New England and Virginia had Title of 
always disputed the title of the Dutch, and their right 1 e utc ' 
to make any settlement had never been admitted by 
Great Britain. She insisted on a priority of title 
founded upon the discoveries which were made by 
Cabot, under Henry VII. It will be remembered that g ee ante 
under his patronage Cabot had explored the coast of Part *■ 
North America, from Labrador to the southern bound- 
ary of Virginia ; and we have already noticed the cir- 
cumstances which induced a suspension of the claim 
at that early period. The supremacy of the pope, how- 
ever, having terminated in England, priority of discov- 
ery came to be considered as establishing a good title 

f This company failed in the year 1634, and from a statement of 
their accounts, drawn up in the following year, it appears that Fort Am- 
sterdam in New Netherlands cost the company 4,172 guilders, 10 stuy- 
Ters; and that New Netherland (the province) cost 412,800 guilders and 
11 stuyvers. See 1 Hazard's state papers, 397. 



368 THE GOVERNMENTAL HISTORY OP 

Part III. the thirteen colonies. 

New to the country, and the right thereby acquired was 

Patent f recognized as paramount in the intercourse of nations : 
Charles II. Accordingly, soon after his restoration, Charles II., with- 
Duke of ou t regard to the claims of the Dutch, granted by pat- 
York ' ent to his brother James, then the Duke of York and 

1664. . ' 

Albany, " all that region of country extending from 
the western bank of the Connecticut river to the east- 
ern shore of the Delaware, together with the Island of 
Long Island." The Duke was at the same time there- 
by invested with all the powers of government, both 
civil and military, with authority to correct, punish, 
pardon, govern and rule, according to such laws as he 
Precincts saw fit to establish, all subjects who should inhabit in 

and pow- . . . 

ers. the territory ; and also to exercise martial law in case 

of rebellion, insurrection, seditious meeting, or invasion, 
"provided always that the said laws were not contrary 
to, but as near as might be agreeable with, the laws of 
England," reserving in the crown a right to hear and 

* Story, determine all appeals.* 

The Dutch were in possession, under Governor Stuy- 
vesant, when this charter was published ; but no in- 
fringement of their rights as freemen was permitted, 
and they were required to be treated rather as subjects 
than as enemies or aggressors. They, however, were 
not disposed to yield quietly to the domination of the 
English, and several times struggled for the mastery of 
the soil. They were finally reduced to submission in 

Reduction the year 1674, when the Duke of York, in order to put 

of the . . 

Dutch set- at rest all questions which might arise as to the valid- 
tiers, 1674. -^y f j.j ie original grant, applied for and obtained a 
Second new patent from the crown, under which the whole 
theDuke province, as well as the capital, received the name of 
of York. N ew York. This grant conferred the same powers 
whicli were enumerated in the former patent, with the 
further provision that no trade should be carried on 
with the colony without permission of the Duke ; while 
the colonists were permitted to import merchandize 
upon paying duties according to the laws of England. 



THE UNITED STATES OP AMERICA. 369 

THEIR ORIGIN AND DESIGNATIONS. PART III. 

Sir Edmond Andros, who was also made governor- New 
general of New England after the Duke succeeded to . 0RK * 
the throne, was now appointed to the office of governor mond An- 
of New York. It was upon the provisions of this grant dros S ov " 
that Sir Edmond based his claim to the jurisdiction 
upon the Connecticut river, when he advanced upon 
Saybrook in 1675. His administration under his com- 
mission was arbitrary and oppressive, and was untram- 
meled by the intervention of any representative assem 
bly of the people. He returned to England in 1682, Col. Don- 
and was succeeded in the office of governor of Newernor V 
York, by Colonel Thomas Dongan, who had been 1683 * 
instructed by the duke to call a representative assem 
bly of the people. This assembly, with the consent of 
the new governor, enacted a Charter of Liberties which 
declared — " that the supreme legislative power should 
forever reside in the governour, council, and people, in 
general assembly convened — that every freeholder and Declara- 
freeman might vote for representatives without re-g°° t ° mi _ 
straint — that no freeman should suffer but by judg- der the 

cnnrtcr of 

ment of his peers, and that all trials should be by a liberties 
jury of twelve men — that no tax should be assessed, 1682, 
on any pretence whatever, but by the consent of the 
assembly — that no seaman or soldier should be quar- 
tered on the inhabitants against their will — that no 
martial law should exist — and that no person profess- Protestant 
ing faith in God, by Jesus Christ, should at any time estab- 
be in any way disquieted or questioned for any differ- llsbed - 
ence of opinion in matters of religion." * 

This Charter of Liberties continued to be the basis 
of the government after the duke of York succeeded 
to the title of James II. The course of legislation and 
policy of administration, were thereafter more nearly 
assimilated to that of the parent country, than in any * story, 
of the colonies.* ' Wilson. 

New Jersey. 
Long Island and the present territory of New Jersey 
were both originally comprehended in the provisions of 
24 



370 THE GOVERNMENTAL HISTORY OP 

Part III. the thirteen colonies. 

New Jer- the grant to the Duke of York. In the same year in 
Grant bv wn ^ cn ^ was ma de to him, he granted to Lord Berke- 
the Duke ley and Sir George Carterett "all the tract adjacent to 
Lord° r ° ^ ew England, lying westward of Long Island — bound- 
Berkeley, e d on the east by the main sea and partly by Hudson's 

etc., 1664. . , i -rv i t • 

river, on the west by Delaware bay or river, and extend- 
ing southward to the main ocean as far as Cape May, 
at the mouth of Delaware bay, or river, which is forty- 
one degrees forty minutes lat. ; which tract is to be 
Precincts called New Cesarea or New Jersey — together with all 
ony. political powers, privileges and royalties thereunto ap- 

* Story, pertaining."* It was called New Jersey in honor of 
Lord Carterett, one of the proprietors, who was gov- 
ernor of the island of Jersey in the English channel. 
Under the well directed enterprise of these grantees it 
was soon settled with a nourishing population. 
Govern- The first constitution of government provided that 
raent of ^ ie execu tive authority of the colony should reside 
in a governor and council, and the legislative in a gen- 
eral assembly composed of the governor and council, 
and representatives chosen by the people. The powers 
of legislation were full, provided the laws and ordi- 
nances enacted should "be consonant to reason, and as 
near as may be conveniently agreeable with the laws 
Taxes ail( * customs of ms majesty's realm of England : " 
Freedom Freedom from taxation unless imposed by an act of the 
scien^&c. colonial assembly, equality of privileges, and freedom 

of conscience, were guaranteed to all. 
Subject to On the accession of the Duke of York to the throne, 
S | r nd d An ^ ew J erse y became subject to the government of Sir 
dros, 1685. Edmond Andros, together with New York and the 
*June, New England colonies. After his authority termin- 
1689# ated * it became subject to the executive administra- 
tion of the governor of New York, though still having 
its own legislative assembly. In the year 1738 it 
was made an independent colony under a royal gov- 
ernor. 



THE UNITED STATES OF AMERICA. 371 



THEIR ORIGIN AND DESIGNATIONS. PaRT III. 



PENNSYLVANIA. 

The earliest settlements in Pennsylvania were made Pennstl- 
by Swiss, German, and other emigrants, who derived 
their titles from various sources. They were brought 
under the administration of the governors of New 
York, who predicated their authority on the patent 
given to the duke of York, in 1664. The source 
whence their power was derived, however, caused it 
to be regarded as defective, and the governors were 
looked upon as usurpers. It remained under this fickle 
jurisdiction until the year 1681, when it was granted 
by Charles II. to William Penn, a son of Admiral Penn, Grant to 
and a member of the society of Friends, as sole pro- F ^ by 
prietor. The considerations fortius grant were, the Charles II., 
services rendered by his father, the admiral, to the Brit- 
ish nation, and the expressed desire of the grantee " to 
extend the dominions of the crown, and to reduce the 
natives, by just and gentle treatment, to the love of 
civilized society and the christian religion." Under 
the charter to Penn its boundaries were clearly defined 
and limited, and the territory embraced in its precincts 
was formally assigned to him by the duke of York. He 
acted as governor of the colony until the year 1684, 
when he went to England, and being involved in the 
stirring scenes of the English revolution, the proprie- 
torship of the colony was taken from him and given to 1692. 
the governor of New York. It was restored to him 
again in 1694, and thenceforth remained under the 
proprietorship of himself, or his heirs, down to the 
time of our revolution. 

DELAWARE. 

The present state of Delaware, so called after Lord Dela- 
De-La-War, was also originally appended to New York, WARE> 
and was purchased of the duke by William Penn in 
1682, when it was united to the province of Pennsylva- 
nia, in which year the first general assembly of the 



872 THE GOVERNMENTAL HISTORY OF 

Fart III. the thirteen colonies. 

colony was held, at Chester. This union was dissolved 
in the year 1703, from which period down to the time 
of our revolution, the two territories were under the 
same executive administration or proprietary, but en- 
acted their laws by separate legislatures of their own 
choosing. 

MARYLAND 

Martland. ^y as the fi rs t instance of the division of a colony and 

* Marshall, the establishment of another within its territorial limits, 

which was made directly by the crown.* In the year 
1632, Charles I. issued a patent to Sir George Calvert, 
Lord Baltimore, granting to him and his heirs, " all 
that region in America bounded by a line drawn from 
Precincts. Watkin's point in the bay of Chesapeake, to the ocean 
on the east — thence to that part of the estuary of Dela- 
ware on the north, under the fortieth degree, where 
New England is terminated — thence in a right line, by 
the said degree, to the meridian of the fountain of the 
Potomac — thence following its course by the farther 

* Terram bank, to its confluence with the Chesapeake, and thence 
Maris. to Titian's point." It was called Mari-land* after 

Henrietta Maria, the daughter of Henry IV., king of 

France, and the wife of Charles I. — and was erected 

into a colony under a frame of government entirely 

independent of the colony of Virginia. 

Design of This charter to Lord Baltimore was evidently a jesu- 

prietors to itical production, and was the basis of the first attempt 

R^nanj 06 mac ^ e *° introduce Romanism into the English posses- 

into sions on the continent of America. Sir George Cal- 

menca. ver j. ^^ an avowe( j Romanist. He had endeavored to 

establish a colony of Roman Catholics in New Found- 
land in 1621 ; but, failing in that enterprise, he after- 
Death of wards visited Virginia and was very favorably impressed 
Lord Bal- w jth the country. Being a favorite with the. royal 
family he readily obtained the patent of land above 
referred to. But he died before the execution of his 
Patent to purpose of planting a colony, and the patent was con- 
his son. nrme ,i to his son and heir, Cecil Calvert, who was 
equally devoted to the interest of the church of Rome. 



THE UNITED STATES OP AMERICA. 373 



THEIR ORIGIN AND DESIGNATIONS. PART III. 

The charter was written in the Latin tongue, and those Maryland. 
provisions of it which related to matters of religion 
were couched in language which might well elude 
the notice of the crown, and at the same time serve to 
further the designs of the patentee. All that it con- 
tained in favor of toleration was the equivocal proviso 
"that no construction be made thereof whereby God's 
holy and truly christian religion should receive any 
prejudice or diminution." 

The first plantations established under it were com-pianta- 
posed of and largely patronized by men professing the de^the 1 " 
Roman Catholic faith. But as it grew, there came patent to 
within its jurisdiction many who had imbibed the more V ert. 
tolerant principles of protestantism, and were decidedly 
opposed to the political elements of papacy. It was Conflict 
unavoidable that the colony of Maryland should be estantism! 
measurably affected by the principles of freedom which 
were developing with the progress of the reformation 
in the mother country, and which were now being 
evolved with a more practical and conservative energy 
in America. 

The suspension of the monarchy consequent uponAscend- 
the civil war under Charles I. gave to protestantism the protestant- 
ascendancy in the colony, and was for a while produc- ismin the 
tive of a more lenient government as well as more tol- C ° 
erant laws. But the entire abolition of the regal power 
was too fatal to the prerogatives of supremacy claimed 
by the Romish church, and sought to be re-established 
in America, to escape the vigilant energy of Sir Cecil 
Calvert, now Lord Baltimore, in whom was con- 
centered all her hopes of supremacy in the new world. Allegiauce 
The governor, or lieutenant as he was called, and all of the coio- 
the members of the colonial council, were bound byelnnfent" 
oath "to defend and maintain the Roman Catho-J, Koman " 
lie religion in the full and free exercise thereof."* *T'Haz- 
Thus it came to pass that, under the protectorate and p a p S er S s tate 
the commonwealth, an open and decided opposition was 
made to the charter and the government of Lord Balti- 



374 



THE GOVERNMENTAL HISTORY OF 



Part III. 



THE THIRTEEN COLONIES. 



Maryland. 



The com- 
monwealth 
revoke the 
charter. 



Reasons 
for reduc- 
ing his 
govern- 
ment, 
1656. 

That he 
upholds 
Roman- 



For the su- 
premacy 
and papa- 
cy of his 
govern- 
ment. 



For the na- 
ture of his 
grants. 



more ; and parliament proceeded to revoke the one and 
overthrow the other. The record of this conflict is 
to be found in what was termed "A Breviat of the pro- 
ceedings of the Lord Baltimore and his officers and 
compilers in Maryland against the authority of the par- 
liament of the Commonwealth of England, and against 
his highnesse the Lord Protector's authority, laws, and 
government," dated in the year 1656, which declares 
that 

" The province of Maryland in that state wherein 
it stood under Lord Baltimore's government had more 
need of reducing than any English plantation in 
America, for these reasons, viz : 

" 1. The covenant, laws, and platform of government 
established in England, declare the suppression and ex- 
tirpation of popery, to which his highnesses oath tends ; 
but the Lord Baltimore's government declares and 
swears the upholding and countenancing thereof, both 
by the officers and people. 

" 2. The Lord Baltimore exercised an arbitrary and 
tyrannical government, undertook a princely jurisdic- 
tion, stiles himself absolute lord and proprietor, con- 
stituted a privy council, most of papists and the rest 
sworn thereto. This privy council must be the legis- 
lative power, that is to put in execution such laws, the 
laws which the Lord Baltimore himself makes and im- 
poseth, and he makes what laws he pleaseth. The peo- 
ple are indeed called to assemblies, but have neither leg- 
islative power, nor of judicature, that being appropria- 
ted to the privy council or upper-house, so that what is 
determined by them admits of no reference or appeal. 

" 3. The Lord Baltimore's grants of land are made 
to the end that the grantees might be the better 
enabled to do him and his heirs all acceptable service, 
for the terme is for all service ; to which they must all 
swear before they have any grants, without any relation 
to, or mention of, the supreme authority of England, 
either in this or anything else that passeth there. 



THE UNITED STATES OP AMERICA. 375 

THEIR ORIGIN AND DESIGNATIONS. PART III. 

" 4. That the Lord Baltimore issued writs and all Maryland. 
other process whatsoever in his own name. Fo f his 

. writs. 

"5. Charles Stewart, son of the late king, was in 
Maryland proclaimed king of England, &c. ; against For pro- 
which no act, order, or proclamation, hath been pub- chariesfll. 
lished by the Lord Baltimore or his officers. 

" 6. That there was a notable practice of compliance For his 
of the Lord Baltimore and his party, with the late ^^the ^ 
king's party in Virginia, against the parliament and re g al 
their ships — the said Lord Baltimore having gotten 
commission from the king at Oxford to seize and take 
the ships and goods of all such as would not pay the 

customs there, whicl^i Lord Baltimore was to 

receive ; and undertook vo put in execution, but failed 
thereof through the country's non-compliance. 

"And that since the reducement of the said province 
under the obedience of the commonwealth of England, See Part I. 

"1. That the Lord Baltimore hath utterly disowned For his 
and contradicted the said reducement — terming itp^n^. 
rebellion against himself and his government there, ment - 
scandalizing . and abusing the commissioners of the 
commonwealth of England with the opprobrious names 
of factious, seditious, malicious, and rebellious persons, 
that they should stir up the people to sedition and 
rebellion, and were the abettors thereof. 

"2. That the Lord Baltimore hath from time to For his re- 
time instigated and animated his officers to oppose and j\ lstance t0 
act contrary to the aaid reducement, as well by force mon- 
of arms as otherwise, commanding them to apprehend wea * 
the state's commissioners and their complices as rebels 
to him, and deal with them accordingly ; requiring his 
officers to proceed in his own way of government, and 
to carry all in his name as before ; notwithstanding 
anything done by the said commissioners; and to 
undertake to justify them in such their proceedings, 
and to bear them out in it. fbrence^" 

" 3. The Lord Baltimore in his last letter to Capt. with the 
Stone, doth blame him for resigning up his govern- ofVa! ^ 



376 THE GOVERNMENTAL HISTORY OF 

Part III. the thirteen colonies. 

Maly:.and. ment into the hands of the lord protector and common- 

Rea - ousof wealth of England, without striking one stroke; tax- 
Parliament . , . .. 

forredu- mg him with cowardice, that having so many men in 
^'o^t th f arms 5 ne would not oppose ; saying, that Bennett and 
Lord Bal- Claiborne durst as well have been hanged as have op- 
1(356™' posed him, or to that effect. 

His abuse " 4. That in the last rebellion against his highnesse 
of the th e lord protector and commonwealth of England, and 

Lord Pre- x ° ' 

tector, &c. the government established in Maryland by their au- 
thority, the said Lord Baltimore and his officers have 
in high measure abused the name of the lord protector, 
and under that notion hay 1 ' committed many notorious 
robberies and murders ag | z . eaceable and loyal sub- 
jects of the commonwealth ox, ii!n gland* and his high- 
ness the lord protector ; and to this end raised men in 
arms, conferring honours upon base and' bloody-minded 
people, as well papists as others, and employed them 
in a violent and formidable manner in battle array, 

Fighting with Lord Baltimore's colours displayed, to fight 
he against the lord protector's government and people, 



common- 



wealth, yea, to shoot against his highnesses colours, killing the 
ensign-bearer ; by which means much blood hath been 
shed, many made widows and fatherless, and great 
damage, danger, and distress, brought upon the whole 
province : the Indians likewise taking occasion and 
advantage hereby to fall upon the frontier plantations, 
have killed two men and taken some prisoners. 
Obtained "Before the alteration of th'e government here in 
his patent ^ n gland — The Lord Baltimore obtained a pattent from 
the king, for a tract of land in the bay of Chesapiak 
in Virginia, pretending the same to be unplanted ; by 
this means takes away the lands from the Virginians, 
to whom the same of right belongs ; and not only so, 
but takes away the trade with the nations which they 
had many years enjoyed ; and not being able to man- 
age the trade himself, left it to the Swedes and Dutch, 
who furnished the Indians with powder, shot, and guns, 
to the great damage and danger of those plantations, 



THE UNITED STATES OF AMERICA. 377 

THEIK ORIGIN AND DESIGNATIONS. PART III. 

and his highnesses subjects ; and further most unjustly Maryland. 
and cruelly disseized Capt. Claiborne and others of the His diaper- 
island called Kent, though seated and peopled under habitants 11 * 
the Virginian government three or four years before °f Vir - 
the king's grant to him ; and not the land only, but 
the estates and lives too of such as opposed him or his 
officers, hanging some and killing others who sought 
the preservation of their rights and interests, from 
popish violence. Such a beginning had that poor 
unhappy plantation, being founded upon the rights * i Haz- 
and labours of other men, and begun in bloodshed, * rds State 

70 7 Papers, 

robbery, and all manner of cruelty."* • 628. 



Here we have a graphic picture of the bloody and 
fearful strife which took place in Maryland under the 
effort to establish the papal power in America. The 
abolition of the regal authority in the mother country, 
as I have elsewhere had occasion to remark, was the 
result of the freer development of the elements of 
political liberty embraced in the protestantism of the Elements 
puritans. They were utterly antagonistic to the po- njg,^ " 
litical elements of Romanism, and the record shows tween Ro- 
how impossible it was for the two to subsist together ^ p r0 . 
in harmony. Puritanism opposed royalty not on testantism. 
account of any inherent aversion it had to that form 
of supreme administration in the government, but 
because the sovereign claimed to hold his crown, with 
all its prerogatives of power, by a hereditary succes- 
sion derived under a divine appointment, independent 
on and irrespective of the will of the subject. Hence 
Romanism could not hope to gain or to retain an 
ascendency in any of the British possessions, if it 
warred against the divine right of the king, or favored 
the idea of sovereignty in the people. Claiming to 
have in itself the vicegerency of divinity on earth, it 
must necessarily claim for the crown a title which 
could be derived from no other or inferior source. 
This therefore was the political aspect of the contro- 



378 THE GOVERNMENTAL HISTORY OF 

Part III. the thirteen colonies. 

Maryland, versy ; and it was this, in brief, which enlisted Roman- 
ism against Protestantism, and Protestantism against 
Romanism, both in England and America, and which 
engendered a fierce civil war between them in Mary- 
land as well as in the mother country. 

The con- The conflict here was a terrible one, but the fiery 

MarTand or ^ ea l mu st be passed through before the victory could 
be complete, and it was well that it should take place 
in the infancy of their colonial existence. It was 
another of those experiences in the progress of human 
freedom, the contemplation of which makes the soul 
shudder, the heart weep, and the blood to curdle as it 
courses through the veins. Still it must needs be that 
it should come, and its issue was the surer triumph of 

Final as- freedom and humanity. Still Protestantism was not 

ccndcncv 

of Protest- fully ascendant in Maryland until after the accession of 

antism. William and Mary to the throne, when the dogma of the 

divine right of the king to rule independently of the 

will of the people, was forever abolished in England, 

and ceased to be defended or respected in America. 

In 1692, Maryland was established as a royal colony 

Estab- under a protestant government, administered by a 

protestant 1 S overnor an( ^ council appointed under a commission 

colony, from the crown, with an assembly of representatives 

chosen by the people. This continued until the year 

1715, when the proprietorship of the colony was 

restored to the heirs of Lord Baltimore, and so con- 

^ m .. tinued down to the era of our revolution.* 

*See Wil- 
son's U. S. 

' THE CAROLINAS. 

The territory of the Carolinas, so called originallyf 

1 1564. in honor of Charles IX. of France, was the place which 

witnessed Sir Walter Raleigh's early attempts to plant 

an English colony in America. It was conveyed by 

Mhe _ Charles II. to lords ^Clarendon and others, in April, 

marie 1663, who planted Albemarle county colony. The con- 

cotony. stitution at first adopted by the proprietors provided 

that the powers of government should be vested in a 



THE UNITED STATES OF AMERICA. 379 

THEIR ORIGIN AND DESIGNATIONS. PART III. 

governor, to be chosen by the proprietors from a coun- The Caro- 
cil of thirteen persons, who were to be nominated by L1 
the planters ; and a general assembly composed of the Govem- 

\ -T ^ xi x I- e xi meut of. 

governor and council and the representatives 01 the 

people of the several plantations. They were invested 

with full powers of legislation, subject to the decision 

of the proprietors. The charter itself secured freedom Freedom 

of religious opinion. Each settler was to receive one sc i ence " • 

hundred acres of land for himself, and fifty for every secured. 

servant, provided he came into the province within five 

years from this period. At its first meeting the general Induce- 

assembly enacted that no freeman should be sued, for set tiers. 

any cause of action originating out of the colony, within 

the space of five years, and all persons were prohibited 

receiving a power of attorney for the purpose of re- * Winter- 

covering such debts.* 

The proprietors finding their plantation to grow very 

tardily, notwithstanding these inducements to settlers, 

attributed it to the plan of government they had adopted, 

and the famous philosopher, John Locke, was requested 

and employed to draft a constitution for the province, Constitu- 

which should " make the government of Carolina agree j 1 ^ 017 ' by 

as nearly as possible to the monarchy of which it was a Locke. 

part; and to avoid erecting a numerous democracy."! f Wilson's 

TT Q 

Locke's political theories were ill-adapted to the times 
in which he lived, to the actual condition of man, or to 
the existing relations of society. His plan of govern- 
ment demonstrated the inability of mere closet specu- 
lation to provide for the regulation of communities, or 
the amelioration of the condition of mankind. It was 
found in practice to be inadequate to the wants, the 
feelings, the condition and character of the people, and 
was at length abandoned, when the older form was sub- 
stantially re-established. 

The Albemarle county colony and Cape Fear settle- The early 
ments were the earliest ; these were followed by the colonies - 
Clarendon county colony, the Cartaret county colony 
and others. 



380 



THE GOVERNMENTAL HISTORY OP 



Part III. 



THE THIRTEEN COLONIES. 



French 
Protest- 
ants or 
Hugue- 
nots. 
Charles- 
ton. 



A company of French protestants, refugees from the 
persecutions of France, came over in the year 1679, and 
aided in laying the foundation of the present city of 
Charleston. All of these plantations were eventually 
brought under one general board of proprietors. In 
1729, the patent to Lord Clarendon was surrendered 
back to the crown, when new patents were issued estab- 
North andlishing the colonies of North and South Carolina under 
Carolina se P ara te charters, the governments under which went 
into full operation in 1732. 



the adven 
ture. 



* Winter 

botham, 

Wilson. 



Charter 
under 



GEORGIA. 

Georgia. In June, of the same year, a plan was formed in Eng- 
land, for planting a colony in America, on the territory 
lying between the rivers Savannah and Altamahaw, 

Object of adjacent to Carolina. The object of the proprietors 
was declared to be " to establish an asylum for perse- 
cuted protestants of all countries, to strengthen the 
province of Carolina, and to provide a home for suffer- 
ing and indigent families in Great Britain and Ireland, 
in a country where poverty would be no reproach."* 

General James Oglethorpe, then a prominent mem- 
ber of parliament, was the originator of this movement. 
He obtained a charter of incorporation from George II., 

George II wn i° n conferred the usual powers of corporations in 
England. It placed the management of the colony in 
the proprietors of the company and a council of sixteen 
persons, to be first nominated by the crown and after- 
wards chosen by the proprietors. General Oglethorpe 

Embarka- himself headed the adventure, and embarked with one 

tion of hundred and sixteen persons, in November, 1732. They 

Gen. Ogle- l 

thorpe touched at Charleston and thence proceeded to explore 
land 1 ml" tne country for a convenient place to plant their settle- 
ment. Arriving at Yamacraw they" descried a beauti- 
ful and elevated plain, above the bluffs which iined the 
Planting of hank of a river called by the natives Savannah ; here 
Savannah. t | ie y pi an t e d the city which now bears that name, and 
thus was laid the foundation of Georgia, so called in 



THE UNITED STATES OF AMERICA. 381 

THEIR ORIGIN AND DESIGNATIONS. PART III. 

honor of the sovereign from whom they procured their Georgia. 
charter. 

General Oglethorpe soon afterwards visited England. Second ex- 
He returned again in 1736 with three hundred emi-£ edltl n n , of 
° (jreia. Ogle- 

grants, and erected forts at Augusta, Darien, and other thorpe, 

places, which were the basis of further settlements. 
But the colony did not flourish, although the object of 
the proprietors was so humane and benevolent. It 
required a more material patronage than was within 
the reach or the control of the settlers, to defend them 
from the embarrassments occasioned by the wars be- 
tween the French and the Indians. The charter was Charter 
surrendered back to the crown, when a royal govern- gYback 6 to 
ment was established over the colony. But being; at the crown, 

1752. 

that time a frontier settlement, Georgia was subject to 
more embarrassments than beset the other colonies, 
and which materially impeded her growth and retarded 
her prosperity. The plantation remained in a very crip- 
pled condition until after the surrender of the Floridas 
to Great Britain. 

NEW HAMPSHIRE. 

This territory was originally a part of Massachusetts New 
Bay, and most of its early colonial history was developed Hamp " 

1 SHIRE, 

under the auspices and general jurisdiction of that 
colony. The land lying within its limits, with a part 
of the territory now within the precincts of the state of 
Maine, was granted by the council at Plymouth, to Sir 
Ferdinand Gorges and Capt. John Mason, of Hamp- Patent to 
shire, England, under the name of Laconia. Thev Sir ^ erdi " 
planted Little harbor, near the mouth of the Piscata- Gorges, 
qua river, and Cochecho now called Dover, on the 1632 ' 
Cochecho river a few miles above its confluence with 
the Piscataqua. The colony was afterwards called New 
Hampshire, and was variously and uncertainly governed Designa- 
until 1641, when it came more immediately under the tZnj. the 
administration of Massachusetts Bay. It was separa- 
ted again in the year 1680, by a charter from the crown, 



382 THE GOVERNMENTAL HISTORY OF 



Part III. the thirteen colonies. 



New- which erected it into a distinct province.* The gov- 
shire. ernment under it was composed of a president and coun- 
* Wilson's cil appointed by the king, and a house of delegates 
It g ' ern _ chosen by the people. Its first general assembly met 
ment. at Portsmouth, in March, 1680, and enacted " that no 
act, imposition, law or ordinance, should be made, or 
imposed upon them, unless adopted by the assembly 
and approved by the president and council." The ad- 
ministration of Andros was extended over New Hamp- 
shire while he ruled in New England. When he was de- 
posed the people took possession of the government as 
a distinct colony until 1690, when they again placed 
themselves under the government of Massachusetts 
Bay. This union was again dissolved by the crown a 
few years afterwards, and again renewed in the year 
Ch a 1699. The two provinces were under the administra- 
in her gen- tion of the same royal governor, though each had its 
mfnisVa- separate legislative assembly, from this period down to 
tion - the year 1741, when New Hampshire was permanently 

tj r established as a separate province : As Georgia suffered 

barrass- from her location on the extreme southern frontier, so 
New Hampshire was harassed, her towns plundered, 
.her houses pillaged and conflagrated, and her children 
butchered or led away captive, during the French and 
Indian wars which for years disturbed the northern 

frontier. 

Classifica- This cursory reference to the origin of the several 
coionki* 6 colonies into which New England and Virginia were 
govern- subdivided, prepares us to proceed with their general 

incuts 

governmental regulations. In doing this I find them 
resolved into proprietary, provincial and charter gov~ 
ernments. 

The Proprietary Governments 
Were so denominated because the individual to whom 

Propneta- . • 

ry govern- the grant was made was invested with all power and 



ments. 



authority in the colony, independent on any interfer- 
ence of the crown or parliament, except, as it was 



THE UNITED STATES OF AMEKICA. 383 

THEIR ORGANIC DIFFERENCES. PART III. 

expressly provided, when the grantee departed from Proprieta- 
the objects of the grant. The Proprietary possessed ^ en \° vern " 
all the prerogatives of royalty, and the inferior powers 
of legislation which formerly belonged to the owners 
of counties Palatine in England. He was authorized 
to frame all laws, ordinances, and institutions, which 
he deemed necessary to protect or to promote the 
interests, or for the better regulation and government 
of the. colony. He appointed the governor over it, 
and had power to direct him to call an assembly of the 
freemen or their delegates, to demand their assistance 
in devising the mode in which the functions of the 
government should be administered, or he might him- 
self devise that mode. The chief executive power 
resided in the proprietary. 

In the early history of the colonies under this form Character 
of administration, the whole body of the people met^^ 1 ^ 
to enact laws and to provide for the general welfare of trations. 
the plantation, but their ordinances were always sub- , 
ject to the revision of the proprietary,* who was often stone, 
non-resident. ory# 

It is obvious that under such a policy of government 
many occasions might arise when the exercise of the 
prerogatives vested in the proprietary would be of 
great detriment, and tend even to the oppression of 
the colonists. Laws which in their view were whole- 
some, just, and necessary, unless they were sanctioned 
by his approval, became wholly inoperative and void. 
Thus the will of the people was made subject to the 
opinions, the wishes, and sometimes even to the arbi- 
trary caprices, of the proprietary. This was more 
particularly the case where his power was delegated, 
as in frequent instances it was, to a lieutenant or a 
governor. Hence the history of those colonies which 
were subject to this form of administration, presents Proprieta- 
an almost uninterrupted series of controversies be- n y en tsat n " 
tween the proprietors or their lieutenants and the the time of 
people. At the time of our revolution, Pennsylvania, tattoo. 



384 THE GOVERNMENTAL HISTORY OF 

Part III. the thirteen colonies. 

Delaware, and Maryland, existed under this form of 
government. 

The Provincial Governments 

Provincial Were those which were framed under a commission 
govern- i ssue d by the crown, which usually contained the 
appointment of the individual to whom they were 
chiefly directed to the office of governor, or vicegerent 
of the king. They derived their characteristic fea- 
tures from the nature of these commissions and the 
instructions with which they were accompanied. The 
Peculiari- governor, or vicegerent as he was sometimes called, 
ties ot wag re q U i re d to conduct the administration of the 

these ad- x 

ministra- government agreeably to the laws of England, and 
was liable to be punished by those laws in case of mal- 
administration. A council was also named in the com- 
mission, who were associated with the governor as 
assistants in the performance of his executive func- 
tions. With their consent, the governor had power to 
establish courts ; to appoint judicial and other officers, 
and magistrates ; to pardon offences ; to remit fines 
imposed, or forfeitures incurred ; to collate to churches 
and benefices ; to levy military forces for attack or 
defence, and to establish martial law in times of war, 
invasion, or rebellion. The governor also had absolute 
power to suspend any member of the council from 
office*, and to fill any vacancies which might occur, till 
the pleasure of the crown should be known in the 
premises. 
Assembly These commissions also provided for calling an as- 
peopie sembly of the freemen by delegates or representatives, 
chosen by the people of the several towns. These, 
with the governor and council of assistants, composed 
the legislative branch of the government, the governor 
and council composing the upper branch, and the house 
of delegates the lower, with a negative upon their 
enactments vested in the governor ; all laws after their 
final passage in the province being subject to the 



THE UNITED STATES OF AMERICA. 385 



THEIR ORGANIC DIFFERENCES. PART III. 

revision of the crown in England. Both the governor 
and judicial officers were dependent upon appropria- 
tions made by the general assembly for their compen- 
sation, which regulation operated as a healthful check 
against any violent assumption of authority or abuse* story, 
of power. Appeals lay to the crown from the higher g^. 
courts of judicature.* stone. 

New Hampshire, New York, New Jersey, Virginia, Provincial 
Georgia, North and South Carolina, existed under this ments at 
frame of administration at the time of our revolution. the time of 

mi i t • • n .the Revo- 

lhe two last named provinces were originally proprie- lution. 
tary, but this form of government, as we before said, 
was attended with great embarrassment. The haughty 
and independent spirit of the people rebelled against 
the insolence and oppression of the proprietary. They 
threw off their authority, proclaimed themselves inde- 
pendent, and elected their own governor and council, 
in 1719. They were subsequently divided and erected 
into separate provinces under a commission from the lmas, ante. 
crown. 

The Charter Governments 

Were such as derived their existence under a charter Charter 
of incorporation, containing a grant of political powers ^en^s"" 
and privileges to the company generally. Their gov- 
ernor was appointed in the first instance by the crown, 
and after that he was chosen by the company. We 
have already seen what, were the general provisions of Theirpecu- 
these charters, and how they were evaded or departed liarities - 
from in the several colonies or companies established 
by them ; and how in the progress of their history 
they gradually grew into the exercise of more liberal 
executive, legislative, and judicial powers, than were 
conferred or warranted by their early charters. The 
new charters which some of them received at a later 
day, expressly secured to them many of these immu- 
nities and privileges. Their governors were appointed 
by the crown, while the council of assistants was chosen 
* 25 



386 THE GOVERNMENTAL HISTORY OP 



Part III. the thirteen colonies. 



Charter by the general assembly, and the representatives by 
n^nteat * ne P eo P^ e themselves. Massachusetts Bay, Rhode 
the time Island, and Connecticut, were the only charter govern- 
olution. 6V "nients existing at the time of our revolution. The two 
last named were more purely democratic than any 
of the others. The governor, deputy governor, coun- 
cil of assistants, and house of representatives, were 
chosen directly by the people, and all other officers 
were appointed by them. 



Such were the principal features wherein the several 
English colonies in America differed in their general 
Similarity governmental organizations. I now propose to point 
admiuis- ou ^ those in which they were similar, and which, while 
trations. they proclaim their consanguinity to each other and to 
the mother country, at the same time illustrate the 
origin and the growth of those ties of political rela- 
tionship and fraternity which served in the maturity 
of their development to harmonize their opinions, to 
blend and confirm their sympathies, and ultimately to 
bind them together in a perfect, permanent, and happy 
union. 
Constitu- 1. To all of the colonists and their descendants, in 
rights and every of the colonies, were guaranteed " all the rights, 
restnc- privileges and immunities of native-born subjects of 
England," while upon the legislative powers of each 
was imposed the restriction that their laws should not 
be repugnant to, but as near as might be agreeable 
with, the laws of England. This restriction was but 
little regarded, however, in most of the colonies, and 
does not appear to have been rigidly enforced by the 
crown. Their general assemblies availed themselves 
of the qualification it seemed to contain, and adopted 
a latitude of construction which admitted the passage 
of laws and ordinances differing from those of the 
parent state, wherever the latter were regarded as 
inappropriate to their circumstances and condition. 
Occasions frequently arose which rendered this liberty 



THE UNITED STATES OF AMEKICA. 387 

THEIR ORGANIC SIMILITUDES. PART III. 

of legislation necessary to their preservation and pros- English 
perity. Indeed, in the several colonies the same pro- i aw ' how . 
visions of the English laws were not found of a like regarded 

° . among 

suitable application, but were adopted with a singular them, 
variety of construction. Hence, although each of 
them regarded the Common Law of England as its just 
and hereditary right, and the basis of its own system 
of jurisprudence and administration, it were difficult 
to trace the varied superstructure in each to the same 
original source. 

We find, however, a much wider departure from their Departures 
charter provisions in their legislative enactments than f Eng- 
in their judicial decisions. These provisions as well as land - 
the laws of the mother country, whether springing 
from the ordinances of the crown or the enactments of 
parliament, were alike disregarded, unless where they 
had reference to their relations with the mother coun- 
try, or with each other, and did not interfere with their 
internal policy. 

2. The right of the people to choose delegates r who The right 

should constitute a branch of their general assembly, of re P re " 

° J 7 sentation. 

to represent and protect their interests, and to enact 
their laws, was rigidly insisted upon and enjoyed by all 
the colonies. This right had been already claimed as 
a fundamental principle and was conceded in the orig- 
inal organization of the proprietary and charter gov- 
ernments ; while under the provincial organizations fre- Controver- 
quent controversies arose between the crown and the ^ e ; s a ^} 
colonists as to its nature and limitations. "Virginia 
was for many years distracted under the government 
of presidents and governors with councils, in whose 
nomination or removal the people had no voice ; until 
a house of burgesses broke out in the colony, without 
any powers or directions from the king, or the grand See Part L 
council at home, permitting it. The governor and 
assistants of Massachusetts Bay at first intended to rule 
the people, and for awhile obtained their consent for it, 
but this lasted only two or threfc years, and although 



388 THE GOVERNMENTAL HISTORY OP 

Part III. the thirteen colonies. 

Eight of there was no colour for it in the charter, yet a house 
atk)n? en of deputies suddenly appeared in 1634, to the surprise 
of the magistrates, and the disappointment of their 
schemes for power. The colony of Connecticut soon 
followed the plan of Massachusetts Bay. In the col- 
See Part II. onv °f Ne w Haven, although the people had the high- 
est reverence for their leaders, and for nearly thirty 
years submitted to their magistracy (who, however, be 
it remembered, were annually chosen,) without a jury, 
yet in matters of legislation from the beginning they 
would have their share by their representatives. The 
people of the colony of New Hampshire continued 
together under the same form as Massachusetts Bay. 

" Lord Say tempted the principal men of the Massa- 
chusetts Bay company, to make themselves and their 
heirs nobles, and absolute governors of a new colony, 
but under this plan they could find no people to follow 
them. After the restoration of Charles II. there is no 
instance of a colony settled in America without a repre- 
Controver- sentative assembly of the people ; nor any attempt to 
unc?er° Ut ' d e P rive tne colonies of this privilege except in the 
James II. arbitrary reign of James II."* The crown claimed 
* Hutchin- t j iat t i^ s privilege of popular representation originated 
not in any inherent right in the people to participate 
in the government of the colony, but in its own good 
pleasure and bounty. That even the bestowal of the 
privilege under the provisions of a charter, or a commis- 
sion from the crown, or by parliament, did not deprive 
the king of the power to recall the grant, or restrain 
Claim of its exercise. It was claimed, moreover, that the sover- 
the crown. ^.^ ^ a ^^ in t j ie exercise of his prerogatives of 
sovereignty, to fix the number of representatives, to 
determine how and when they should be chosen, when 
and how often they should assemble, and how long 
Claim of their sessions should continue. On the other hand it 
the colo- claimed by the colonies that from the beginning it 

was stipulated that they should be invested with and 
enjoy " all the liberties, privileges and franchises of 



THE UNITED STATES OP AMERICA. 389 

THEIR ORGANIC SIMILITUDES. PART III. 

native born subjects of England," and one of these was, Right of 
the right of representation in their general assemblies atk,^ 611 " 
by delegates chosen by the people themselves. This, 
it was well reasoned, was in effect taken aw"ay if a 
power resided in the crown to continue an assembly 
without a new election of delegates, under any circum- 
stances. Although in its origin this controversy pre- 
sented itself in a local aspect, the point at issue was 
of too serious a nature to be regarded by the colonists 
as of merely local importance. It elicited the interest 
and awakened the anxieties of all. They truly argued 
that if such a doctrine were to prevail over any portion 
of the continent, or over any one of the colonies, it 
would open the way for a wider usurpation of sover- 
eignty on the part of the crown ; and the same arbi- 
trary sway would be in course extended over all the claim of 
rest. They felt that the question involved a vital prin- ^e S e e ^ t ° a " b . 
ciple of political freedom, and that it would endanger Hshed. 
all their liberties to give it up. Accordingly the sev- 
eral colonial assemblies passed resolutions in a bold, 
manly, and decisive spirit, insisting on this right, and 
claiming it as an established and fundamental element 
in their organization : So that at the time of our revo- 
lution there was not one of them without a represent- 
ative assembly of its own choosing. 

3. The tenure by which lands were holden, was also Tenure of 
the same in all of the colonies, and of the most free lands " 
and liberal nature, they being " holden of the crown 
in free and common soccage, and not in capite, or by 
knight-service." They were thus exempted from the 
oppressions and servitude which feudalism had intro- 
duced into the mother country. Being independent 
on the will of a superior lord, they almost universally 
regarded themselves as sole owners and proprietors of 
the soil which they occupied and cultivated. The nec- 
essary result of this system of tenure was, that it pro- 
duced one uniform and simple mode of conveying and 
transferring property in all America. Deeds and other 



390 



THE GOVERNMENTAL HISTORY OP 



Part III. 



THE THIRTEEN COLONIES. 



Tenure of 
lands. 



Political 
Relations. 



* Black- 
stone, Sto- 
ry, Kent. 



Their reli- 
gion and 
inter- 
course 



Their fra- 
ternity, 
harmony 
and unity. 



instruments of conveyance or transfer, when executed, 
acknowledged, and recorded, were considered fully 
efficient in transferring the title, without any of the 
attendant ceremonies of livery of seizin, or taking pos- 
session, which prevailed in England.* 

4. In their local municipal organizations the colo- 
nies were distinct and independent of each other, each 
colony exercising within its own territorial limits all 
the powers necessary for its own internal regulation, 
while at the same time they were each and all depend- 
ent upon the kingdom of Great Britain, declared and 
admitted to be a part of its dominions. They freely 
acknowledged their allegiance to the crown, were ex- 
cluded from all connection with foreign states, and, as 
dependencies, they followed the fate, and were willing 
to follow and to fight the fortunes of the parent coun- 
try. As such also they severally claimed and enjoyed 
the right of appeal to the crown from the adjudications 
of their respective colonial governments, and their 
appeals were heard and determined by the king in 
council.* 

5. The Holy Bible was received as of divine inspira- 
tion, and Protestant Christianity in whatever form was 
recognized as an element in the organization of civil 
government and civil society, which gave to either and 
insured to both, its life, its efficiency, its freedom and 
its permanency, and was the predominant system of 
religious faith in all of the colonies. They recognized 
the first day of the week as the Christian Sabbath or 
Lord's Day, and generally observed it as a day of pub- 
lic worship, and private devotion and rest, while they 
prohibited its desecration and disturbance by ordinary 
secular business, or noisy mirth. Thus it came to pass 
that in their intercourse and relations with each other 
they were perfectly amicable, fraternal, and harmonious. 
Each inhabitant enjoyed the privilege of free ingress and 
egress from one colony to the other, and could claim 
the same rights, liberty, and protection, in the one as in 



THE UNITED STATES OF AMERICA. 391 

AT THE TERMINATION OF THE FRENCH VTAR. PART III. 



the other. Like brethren of the same family, sharing 
the same benefits, receiving the same protection and 
enjoying the same blessings, under the care and over- 
sight of the same common parent, whom they all loved 
and venerated, they were One People, — one in origin, 
one in language, one in religion, one in dependence, 
one in inheritance, one in interest, one in sympathy, 
and one in destiny. 



The Treaty of Peace, which was definitively signed at Close of 
Fontainbleau, wherein France ceded to Great Britain J^i^bTthe 
all of her possessions east of the Mississippi River, was peace of 
an important era in the governmental history of the 
colonies. It put an end to the French wars which had 
so much distracted the country, and relieved the colo- 
nists from the agitations and embarrassments so preva- 
lent during the existence of that power in America, and 
which had so materially disturbed their tranquillity and - 
impeded their prosperity. Had England taken advan- 
tage of the grateful feelings awakened among them by 
the peace of 1763, she might have secured forever their its effect 
loyalty and allegiance. We may be permitted to ex- "^J^g ir 
press our surprise at the policy which she pursued, but with Eng- 
it was not the province nor was it in the power of human 
ingenuity, to uncover the mysterious designs of that 
Providence who directs the allotments of men and of 
empires. Already, as we have seen, had been developed 
and set in operation in the growth of the colonies, a 
train of causes whose progressive influences must bring 
about their independence. The principles of civil and inherent 
religious liberty which had grown to be an inherent and e,e f n ® u t s 
vital part of their constitutional existence, were now pendence. 
necessarily brought into collision and conflict with the 
paramoimt authority exercised over them by the parent 
state. The component and essential elements of their 
political organism as well as their political life, hitherto, 
were wholly antagonistic to the condition of political 
dependence. And had it not been the event which now 



392 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes op the revolution. 

gave origin to the controversy which brought about the 
revolution, the severance of their allegiance to the 
mother country would just as surely have followed upon 
some other exigency. It was a foregone conclusion in 
the decrees of the Omniscient, that this great continent 
of North America, with all its vast resources of abun- 
dance and happiness to our race, must become the abode 
of a great nation — the home of free principles — the 
sanctuary of true religion, — the refuge of the oppressed 
— the hope of mankind — nor could any human fore- 
thought or sagacity stay the tendencies to this result. 
It was foreseen by the sagacious Count de Vergennes 
when he remarked upon the conclusion of the treaty, 
— "they will no longer need the protection of England, 
she will call upon them to contribute toward supporting 
the burdens they have helped to bring on her, and they 
WalhiS wi ^ aiis wer by striking off their dependence."* And 
ton. so it was. 

Peace was proclaimed, but to accomplish it had 
thrown a heavy burden of debt upon England, while to 
preserve it, it was supposed, would require a large 
increase of her military establishment. Finding her 
own resources insufficient to sustain this weight of debt, 
and to supply this increase of expenditure, it was re- 
solved that it was "just and necessary that a revenue 
should be raised in America." Accordingly, in the 
spring of 1764, Sir George Granville, then Chancellor 
of the Exchequer, introduced and carried through par- 
liament an act which recited that, — 

" Whereas it is just and necessary that a revenue be 

raised in America for defraying the expenses of defend- 

Thcreve- i n g, securing, and protecting the same, We, the House 

OT 8 pSSi 7 ' of Commons, &c, towards raising the same, give and 

mentary g ran t un to your Majesty the sum of £ — ." Here fol- 

1764. ' lows a specification of duties and imposts to be levied 

in the colonies on West India goods, French and East 

India produce, and various foreign articles of luxury — 

" the monies arising therefrom to be paid into the re- 



THE UNITED STATES OP AMERICA. 393 

THE REVENUE SYSTEM OF TAXATION. PART III. 

ceipt of his majesty's exchequer, to be entered separate, Pariiamen- 
and reserved to be disposed of by parliament towards t ^ ^64. 
defraying the necessary expenses of defending, protect- 
ing, and securing America." 

In denning their relations with the mother country How re- 
the several colonies had early taken a distinction between America. 
the ordinances of the crown and the enactments of par- 
liament. They admitted that they were bound to ren- 
der all due allegiance to the former, while they denied 
the supremacy of the latter. They insisted that in 
themselves they possessed all legislative powers, and 
were not bound by any enactments in which their own 
representatives had had no voice, or to which they had 
not given their assent, and they had always complained 
of all such acts as grievances. At times, however, the 
decisions of their judiciary had compelled them to 
relinquish this position so far as to acquiesce in the 
power of parliament to pass such acts as were made to 
promote their general welfare, or to regulate their com- 
merce, or to establish their relations with the mother 
country and their intercourse with foreign nations. 
And they had even gone so far as to assent to the impo- 
sition of duties which were laid for these purposes. 
But still they had always stoutly insisted that parlia- 
ment had no right whatever to give away their property, 
or to levy any internal tax, without their assent.* It * Marshall, 
was not that they were unwilling, in their own way, K em% etc., 
and by the action of their own assemblies, to contribute and s |f 

'into x irts 

their just proportion towards defraying any expenses I. and II. 
incurred expressly for their benefit. But that the 
House of Commons, in which they were not represent 
ed, should take to itself the prerogative to give and grant 
their property without their consent, was what roused 
their opposition to the measure. 

They were always particularly sensitive on this sub- 
ject of taxation for the mere purpose of increasing the 
revenues of the crown. The experiment was proposed 
under the ministration of Sir Robert Walpole, and he 



394 THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Pariiamen- declared in opposition to the proposal, that — "it must 
tion 1764. be a bolder man than himself, and one less friendly to 
commerce, who should venture on such an expedient."* 
As early as the year 1692, the general court of Massa- 
chusetts Bay passed an act wherein they denied the ex- 
Opposition istence of any right in parliament to impose any tax 
colonies upon them. Subsequently to this the general assembly 
generally. f N ew York passed a similar resolution, wherein the 
supremacy of parliament was denied, not merely on the 
point of taxation, but with regard to legislation gen- 
f Story, erally.f In the years 1760-61, attempts were made to 
collect duties on sugars and molasses imported into 
Boston, and writs of assistance were issued to the cus- 
tom house officers to aid them in enforcing their collec- 
tion. But the execution of these writs was opposed by 
the merchants and the people, and their opposition to 
them was so eloquently defended by James Otis, that 
John Adams subsequently alluding to that contest as 
the first scene of opposition to the arbitrary claims of 
Great Britain, declared that "then and there American 
independence was born." 
Blindness Deluded by the specious pretext of meeting the 
istry. expenses incurred during the French war for the ben- 
efit of the colonies, and of providing for their future 
protection and defence, the ministry seemed to have 
overlooked entirely the vast interest of Great Britain 
in securing and maintaining them in their allegiance 
to her sovereignty. Otherwise it seems incredible that 
they should not have seen how much more easy it was 
to accomplish their object by encouraging their trade 
to the utmost, one-half of the profits of which would 
be sure to flow into the royal exchequer through the 
increased demand for British manufactures. This, 
•l Irving's a » Sir Robert Walpole had said, " would be taxing them 
Washing- agreeably to their own constitution and laws."* 

The colonies also spurned the idea of a fostering 
care over them in parliament, even had they felt that 
they needed its protection. It seemed to be exercised 



THE UNITED STATES OP AMERICA. 395 

THE REVENUE SYSTEM OF TAXATION. PART III. 

only to deprive them of their liberties, and assumed Pariia- 
too much the attitude and the character of a hostile Nation 
exaction. Their general voice was — "if a British 1^64. 
parliament in which we are unrepresented, and over Voice of 
which we have no control, can take from us any part ^g 00 °" 
of our property, by direct taxation, they may take so 
much as they please, and we have no security for any- 
thing that remains, but a forbearance on their part, 
less likely to be exercised in our favor, inasmuch as 
they lighten themselves of the burdens of government * s torv 
in the same proportion that they impose them upon^ Vi £ ter - 
us."* 

Until this period in their history, no act had been Novelty 
passed by parliament for the distinct and avowed pur- ^ e a S ure. 
pose of raising a revenue in America. All its previous 
acts related to the establishment and regulation of their 
commerce, from which source alone their contributions 
to the support of the empire of Great Britain were 
sought to be derived. The causes which under other 
circumstances operated to produce their acquiescence 
in the superintending care which had been thus exer- 
cised by the home government, which was mainly 
embodied in the restrictions which were imposed by 
the acts of navigation, are very vividly portrayed in a 
speech delivered in the House of Commons at this 
time, and on this very question, by Sir Edmund 
Burke. 

"The colonies," he says, "have submitted hitherto Speech of 
to these infringements of their liberties because men ^^f" 
do bear the inevitable constitution of their nature with Burke 
all its infirmities. The Act of Navigation attended ° 
the colonies from their infancy, grew with their growth 
and strengthened with their strength. They were con- 
firmed in their obedience to it even more by usage 
than by law. They scarcely had remembered a time 
when they were not subject to its restraints. Besides, 
they were indemnified for it by a pecuniary compensa- 
tion. Their monopolist happened to be one of the 



396 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Parlia- richest men in the world. By his immense capital — 
taxation primarily employed not for their benefit but his own — 
1764. they were enabled to proceed with their fisheries, their 
agriculture, their ship-building, and their trade, too, in 
the limits, in such a manner as got far the start of the 
slow and languid operations of unassisted nature. 
This capital was a hot-bed to them. Nothing in the 
history of mankind is equal to their progress. For 
my part, I never cast an eye on their flourishing com- 
merce, and their cultivated and commodious life, but 
they seem to me rather ancient nations grown to per- 
Speech of fection through a long series of fortunate events, and 
mund " a train of successful industry, accumulating wealth in 
Burke many centuries, than the colonies of yesterday ; than 

against it. „ . , . _ 

a set oi miserable outcasts a lew years ago, not so 
much sent as thrust out on the bleak and barren shore 
of a desolate wilderness, three thousand miles from all 
civilized intercourse. All this was done by England, 
while England pursued trade and forgot revenue. You 
not only acquired commerce, but you actually created 
the very objects of trade in America ; and by that 
creation you raised the trade of this kingdom at least 
four-fold. America had the compensation of your 
capital, which made her bear her servitude. She had 
another compensation which you are now going to take 
away from her, She had — except the commercial 
restraint — every characteristic mark of a free people 
in all her internal concerns. She had the image of 
the British constitution, she had the substance. She 
was taxed by her own representatives ; she chose her 
own magistrates ; she paid them all. She had in effect 
the sole disposal of her own internal government. 
This whole estate of commercial servitude and civil 
liberty, taken together, is certainly not freedom ; but 
comparing it with the ordinary circumstances of human 
•*Burke's nature, it is a happy and a liberal condition."* 
Works. rp^^ S p eec ] 1 no i on iy points out the causes of the 

submission of the colonies to the legislative authority 



THE UNITED STATES OF AMERICA. 897 

THE REVENUE SYSTEM OF TAXATION. PaRT III. 



liscloses those which now inspired their Nation 
Is I have already observed, until now no i^^. 



hitherto exercised over them by the mother country, Pariia- 
but it also disclos 
resistance. As 
act had been passed by parliament for the avowed pur- 
pose of raising a revenue in America. The word 
revenue had not been even used in any previous acts, 
which ran through a period of about one hundred 
years.* It was avoided in all laws respecting them, * From 
which always had reference more particularly to com- 1764 ° 
merce and not to revenue ; and while these conduced 
to the mutual advantage of the colonies and the crown, 
they submitted to the principle of commercial monop- 
oly thus exercised by the parent government. 

But the revenue system, of which this was the com- The prin- 
mencement, involved the introduction of a new, an voived." 
altogether different, a more oppressive and an offensive 
policy. It was an innovation which aimed a fearful 
blow at their dearest and most sacred rights. It was 
utterly at war with what they had learned to regard 
and cherish as the very spirit and essence of civil lib- 
erty, and a fundamental maxim of political economy. 
They had grown up with the persuasion and in the 
belief, that their own representative assemblies were to 
them what the House of Commons was to the people 
of England, and that taxation and representation were 
concomitant and inseparable qualities in a free govern- 
ment. 

But, while the principle involved in the revenue Mode of 
policy roused the opposition of the colonies, the man- me nt. 
ner in which its provisions were sought to be enforced 
excited their bitter indignation and resentment. 
Men-of-war were, for the first time in the history of 
commerce, armed with the regular commissions of cus- 
tom-house officers ; with these they invested the coasts, 
and gave to the collection of the revenue the air of a 
hostile contribution. They fell so indiscriminately on 
all sorts of contraband, or supposed contraband arti- 
cles, that some of the most valuable branches of trade 



398 



THE GOVERNMENTAL HISTORY OF 



Fart III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Parlia- 
mentary 
taxation, 
1764. 

* Burke. 



Trial of 
delin- 
quents. 



* Bissett. 



Its effect 
in the colo- 
nies. 



f 1 Irving': 
Washing- 
ton. 



were driven violently from their ports, which caused an 
universal consternation throughout the colonies.* Be- 
sides this, jurisdiction over delinquents or supposed 
offenders, was confined to a court of admiralty in Eng- 
land. On mere accusation or even suspicion, parties 
were arrested, and without any preliminary examina- 
tion or hearing, were transported over an ocean of 
three thousand miles in extent, separated from their 
kindred and country, deprived of the opportunity of 
carrying on their legitimate business by which their 
families were supported, and subject to the trouble and 
expense of procuring the attendance in England of wit- 
nesses on their behalf, or else were convicted and con- 
demned without the benefit of their testimony.* Thus 
they were deprived of one of the first rights of English- 
men, trial by a jury of their own countrymen in their 
own vicinage. Nor was this the only or full extent of 
the evil : the admiralty judge, receiving his appoint- 
ment from, and holding his office during the good 
pleasure of the crown, and withal deriving his com- 
pensation out of the penalties and forfeitures arising 
under his jurisdiction, could hardly be supposed to 
administer judgment with an impartial hand. 

Such was the character and such the operation of 
parliamentary taxation in America at the close of the 
year 1764. The press, that engine of freedom, more 
powerful and formidable than the battering-ram of the 
ancients, in every variety and form of publication, 
teemed with appeals to the people of both countries, 
protesting against this arbitrary exercise of kingly pre- 
rogatives and parliamentary authority. The merchants 
resolved not to import, and the people not to consume, 
or use, beyond the limit of actual necessity, any 
articles of British production or British manufacture. 
So that " in Boston alone the demand for such goods 
was lessened upwards of £10,000, during the year."f 

Such evident tokens of dissatisfaction we might nat- 
urally enough suppose would not pass unheeded by the 



THE UNITED STATES OF AMEKICA. 399 

THE REYENUE SYSTEM OF TAXATION. PART III. 

ministry of Great Britain. Instead, however, of taking Pariia- 
the alarm, and adopting more cautionary measures, or Nation. 
a more constitutional mode of accomplishing the object 
in view, it was still deliberately insisted that it was 
right and just to raise a revenue in America by parlia- 
mentary taxation. In pursuance of this policy a bill Bill for 

• .. -iit-i/~i stamp du- 

for laying stamp duties was introduced by Lord Ueorge ties,March, 
Grenville, then at the head of the government, in 1765 - 
March, 1765. 

This bill became generally characterized as the Stamp 
Act. It provided that instruments in writing, which 
were used in all business and commercial transac- 
tions, all legal documents, promissory notes, deeds, Provisions 
commercial papers, official certificates, contracts, con- of thebiU ' 
veyances, etc., should be null and void in the colonies 
unless they were executed on stamped paper or parch- 
ment ; which paper or parchment was impressed with 
the stamp of the home government, and charged with 
a duty imposed by parliament. The payment of the 
duty fell upon any person who purchased the paper for 
ordinary or necessary uses. It operated in fact as a 
direct personal tax upon almost every inhabitant of the 
colonies. The introduction of the bill drew forth in 
defence of the position taken by them, or rather in 
opposition to the violations of constitutional liberty 
contained in its provisions, some of the ablest exposi- 
tions of the true elements of civil liberty which were 
ever made in the halls of the British parliament. 

Mr. Charles Townshend, one of the advocates of the Speech of 
measure, in the conclusion of a speech in support of Town- ar 63 
it, said — "and now will these Americans, children sh ^ nd ' in 
planted by our care, nourished by our indulgence, till the act. 
they are grown to a degree of strength and opulence ; 
and protected by our arms, will they grudge to con- 
tribute their mite to relieve us from the heavy weight 
of that burden which we lie under ?" 

Col. Barre of the opposition, who had served in Col. Barre 
America during the French war, replied — " They plant- m reply ' 



400 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Parlia- ed by your care ? no, your oppression planted them in 
taxation. America - Tne y fled from tyranny to a then unculti- 
vated and inhospitable country, where they exposed 
themselves to almost all the hardships to which human 
nature is liable, and among others to the cruelties of a 
savage foe, the most subtle, and I will take upon me 
to say, the most formidable of any people on the face 
of the earth. And yet, actuated by principles of true 
English liberty, they met all hardships with pleasure, 
compared with those they suffered in their own coun- 
try from the hands of those who should have been 
their friends. They nourished by your indulgence ? 
The Stamp They grew up by your neglect of them : As soon as you 
Act, 1765. began i care about them, that care was exercised in 

Speech of ° . 

Col. Barre. sending persons to rule them in one department and 
another, who were perhaps the deputies of deputies to 
some members of this house, sent to spy out their lib- 
erties, to misrepresent their actions, and to prey upon 
them ; men whose behavior, on many occasions, has 
caused the blood of these sons of liberty to recoil 
within them; men promoted to the highest seats of jus- 
tice, some who, to my knowledge, were glad, by going to a 
foreign country, to escape being brought to the bar of 
the court of justice in their own. They protected by your 
arms ? They have nobly taken up arms in your defence, 
have exerted a surprising valour, amidst their constant 
and laborious industry, for the defence of a country 
whose frontier was drenched in blood, while its interior 
part yielded its little savings to your emolument : 
And believe me ; remember I this day told you so ; 
that same spirit of freedom which actuated that people 
at first will accompany them still. But prudence forbids 
me to explain myself further. God knows, I do not at 
this time speak from any motives of party heat. "What 
I deliver are the genuine sentiments of my heart/ 
However superior to me in general knowledge and 
experience the respectable body of this house may be, 
yet I claim to know more of America than most of 



THE UNITED STATES OF AMERICA. 401 

THE REVENUE SYSTEM OF TAXATION. PART III. 

you, having seen and been conversant in that country. Pariia- 
. The people, I believe, are as truly loyal as any sub-™^£ 
jects the king has, but a people jealous of their liber- 
ties, and who will vindicate them if ever they should 
be violated — but the subject is too delicate ; I will say 
no more." 

Sir Edmund Burke, on the part of the opposition to 
the bill, rose and said — " The great contests for free- ^P e | cl1 of 
dom in England were from the earliest times chiefly mund 
upon the question of taxing. On this point of taxes ure on 
the ablest pens and most eloquent tongues have been Act, 1765. 
exercised ; the greatest spirits have acted and suffered. 
In order to give the fullest satisfaction concerning the 
importance of this point, it was not only necessary for 
those who in argument defended the excellence of the 
English constitution to insist on this privilege of grant- 
ing money as a dry point of fact, and to prove that the 
right had been acknowledged in ancient parchments 
and blind usages to reside in a certain body called a 
House of Commons. They went further ; they at- 
tempted to prove, and they succeeded, that in theory 
it ought to be so, from the very nature of a House of 
Commons as an immediate representation of the people, 
whether the old records delivered this oracle or not. 
They took infinite pains to inculcate, as a fundamental 
principle, that in all monarchies the people must in 
effect themselves, mediately or immediately, possess the 
power of granting their own money, or no shadow of 
liberty could subsist. The colonies draw from you, as 
with their life blood, these ideas and principles. Their 
love of liberty as with you, is fixed and attached on 
this specific point of taxing. Liberty might be safe or 
might be endangered in twenty other particulars, with- 
out their being much pleased or alarmed. Here they 
felt its pulse, and as they found that beat they thought 
themselves sick or sound. And your mode of govern- 
ing them, whether through lenity or indolence, through 
26 



402 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Parlia- wisdom or mistake, confirmed them in the imagination 

taxation. tliat tne ^ as wel * as ^ ou ^ a( ^ an interest in these com- 
mon principles." 

Taxation Charles I. attempted, during his reign, to levy ship- 
CharL I. money and other taxes, without the intervention of par- 
and James Hament, and the attempt was resisted as an infringe- 
ment of the liberties of the people, as well as a violent 
invasion of the rights secured to them by the English 
constitution. It involved him in a passionate contro- 
versy with his subjects which terminated in bringing 
his neck to the block. James II. undertook to exer- 
cise a similar policy, but, as we have seen, it resulted 
in his expulsion from the throne and a transfer of his 
crown to William and Mary, the prince and princess of 
Orange. 
Develop- These were some of the phases in which the political 
Se^-evoiu- elements of freedom embraced in the protestantism 
tion of f the puritans were developed. And accordingly as 
they reached a more distinct and tangible form, the 
religious aspect of the controversy died away, and in 
its place arose those more disastrous conflicts between 
the political liberties claimed by the people on the one 
side, and the assumed prerogatives of the crown 
on the other; which ended only in the establishment 
of those fundamental principles of civil liberty which 
were the basis of the English constitution, and which 
declare — "that it was the undoubted right of Eng- 
lish subjects, being freemen or free-holders, to give 
their property only by their own consent, — that the 
Principles House of Commons exercised the sole right of granting 
estaSte'd the money of the people of England because that House 
by the rev- a [ one represented them : that the taxes were the free gift 
1688. of the people to their rulers: that the authority of the 
sovereign was to be exercised only for the good of his 
subjects — that it was the right of the subjects, of the 
people, peaceably to meet together and consider their 
grievances, and to petition for a redress of them; and 
if intolerable grievances were unredressed, if petitions 



THE UNITED STATES OF AMERICA. 403 

THE REVENUE SYSTEM OF TAXATION. PART III. 

and remonstrances failed to produce relief, they had the Parlia 
right to seek it by forcible means, by revolution. taxation. 

While the struggles which resulted in the establish- 
ment of these principles were going forward in the 
parent state, the colonies were forming in America. 
They had imbibed, and incorporated into their own 
organizations, all these notions of liberty. The idea 
therefore of their submitting to such an infringement 
of their constitutional rights as was now proposed, it 
seems could hardly have been seriously entertained by 
the advocates of the measure. "It must have been 
supposed," says governor Bernard of Massachusetts Opinion of 
Bay, "that such an innovation, as a parliamentary tax- B ernar( L 
ation, would cause great alarm, and meet with much 
opposition in most parts of America. It was quite new 
to the people and had no visible bounds to it."* botham. 

Dr. Franklin was in Boston when governor Shirley 
communicated to him the profound secret, the great 
design then entertained, of taxing the colonies by act 
of parliament. In remarking upon the proposed scheme, Opinion of 
Dr. Franklin denied the right of parliament to impose lh ^' > m anti ^ 
any tax, or to compel the colonies to pay money for cipation of 
their own defence, without their consent. He then 
declared that all America would deny it, insisting 
at the same time, "if parliament is to tax the colonies, 
their assemblies of representatives may be dismissed as 
useless ; that taxing the colonies by parliament for their 
own defence against the French, would not be more 
just, than it would be to oblige the cinque-ports, and 
other parts of Great Britain, to maintain a force against 
France, and tax them for this purpose, without allow- 
ing them representatives in parliament ; that the colo- 
nies have, at the hazard of their lives and fortunes, ex- 
tended the dominions and increased the commerce and 
riches of the mother country ; that therefore the colo- % „ _ ... 
nists did not deserve to be deprived of the native right of John 
of Britons, the right of being taxed only by representor y0 \™' 
tives chosen by themselves."* 



404 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Pailia- "We had considered ourselves," says John Adams, 

taxation. " as connected with Great Britain, but we never thought 
Opinion of parliament the supreme legislature over us. We never 
anis! 1 Ad " g eiieran y supposed it to have any authority over us, but 
from necessity, and that necessity we thought confined 
to the regulation of trade, and to such matters as con- 
cerned all the colonies together. We never allowed 
Duties on them any authority in our internal concerns. Duties 
submitted 7 ^ or re g' u l a ting trade we paid, because we thought it just 
to. and necessary that they should regulate the trade which 

their power protected. As for duties for a revenue, 
none were ever laid by parliament for that purpose 
until 1764, when, and ever since, its authority to do it, 
*Life of has been constantly denied."* In the same year Mr. 
mm vol Otis, in his Rights of the Colonies, showed conclusively 
iv. that it was inconsistent with the right of British sub- 

jects that they should be taxed but by their own repre- 
sentatives. And now, while the Stamp Act was yet 
pending in parliament, petitions against the measure 
were sent to the king, and remonstrances were ad- 
dressed to parliament, by the several colonial assem- 
blies, through the medium of the Board of Trade in 
London. These papers were committed to the agency 
of Dr. Franklin and others who added their personal 
protest against the measure. But they were ungra- 
ciously received, the mad policy was persisted in, the 
Passage of Stamp Act was passed, and every variety of stamped 
Act StamP P a P er designated by it was transported in large quanti- 
ties to America, to be placed in the hands of British 
agents to be sold. 

The publication of the act in the colonies produced 

the greatest excitement. And it is a singular fact in 

the history of the controversy it originated, that the 

Demon- first demonstration of opposition to its provisions should 

aaaS'it * iave cmana ted from Virginia, the most royal, and per- 

in Virginia, haps, too, the most truly loyal colony in all America. 

See Part I. Yet if we refer back to her early experience we will 

find that whatever her attachments to the mother coun- 



THE UNITED STATES OP AMERICA. 405 



THE REVENUE SYSTEM OF TAXATION. PART III. 



try Virginia was always peculiarly tenacious of the The Stamp 
authority of her general assembly, and extremely sen- 
sitive on this very point of taxing. It now so happened, 
and we may well believe it was not a mere chance co- 
incidence, that her general assembly was in session 
when the passage of the Stamp Act was announced on 
this side of the Atlantic, and on the twenty-ninth day Its recep- 
of May the discussion of it was commenced. Among Virginia, 
the burgesses sat the afterwards eminent patriot, Pat- 
rick Henry, then a young man, who had recently dis- 
tinguished himself as a lawyer in arguing a case which, 
on his side, involved opposition to the exercise of the 
prerogatives of the crown in church matters. He was 
now for the first time returned as a member of the 
assembly. He had studied the old records of the colo- Patrick 

. Henry. 

ny, and imbibed from them the true spirit of liberty 
with which they were rife. Above many of his time, 
and of his years, he had watched the developments of 
protestant freedom, both In the old world and the new, 
and with prophetic confidence had cherished the con- 
viction that a higher emancipation from the restraints 
of arbitrary and oppressive kingly prerogatives, and 
parliamentary authority, was in store for his country 
and for mankind. Rising in the midst of the discus- 
sion, all eyes were at once directed towards him, and all 
ears gave wrapt attention as he proposed and read the 
following preamble and resolutions : 

"Whereas, The Honorable the House of Commons Virginia 
in England, has of late drawn into question how far the l^^' 
general assembly of this colony hath power to enact 
laws for laying taxes and imposing duties, payable by 
the people of this his majesty's most ancient colony, 
for settling and ascertaining the same to all future 
times, the House of Burgesses of the present general 
assembly have come to the several following resolu- 
tions : 

" Resolved, that the first adventurers and settlers of Rights of 

, . . » -v r . . . original 

this his majesty's colony and dominion of Virginia, settlers. 



406 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The Stamp brought with them, and transmitted to their posterity, 
cini m r"65 an( ^ a ^ °^ iers hi s majesty's subjects since inhabiting in 
this his majesty's colony, all the privileges and immuni- 
ties that have at any time been held, enjoyed, and pos- 
sessed, by the people of Great Britain. 
Their char- " Resolved, that by two royal charters, granted by 
sT PartI king James L, the colonies aforesaid are declared enti- 
tled to all the privileges of denizens, and natural born 
subjects, to all intents and purposes as if they had been 
abiding and born within the realm of England. 
Taxation " Resolved, that the taxation of the people by them- 
se^ation* selves, or by persons chosen by themselves to represent 
character- them, who only can know what taxes the people are 
British able to bear, and the easiest mode of raising them, and 
freedom. are e q Ua Uy affected by such taxes themselves, is the 
distinguished characteristic of British freedom, and 
without which the ancient constitution cannot subsist. 
Ad ancieat " Resolved, that his majesty's liege people of this 
vfekria most ancient colony, have uninterruptedly enjoyed the 
right of being thus governed by their own assembly in 
the article of their taxes and internal police, and that 
the same hath never been forfeited, nor in any other 
way yielded up, but hath been constantly recognized 
by the king and people of Great Britain. 
Destruc- " Resolved therefore, that the general assembly of 

freedom in tn ^ s c °l° n y nave ^ ie so ^ e P ower to lay taxes and impo- 
America sitions upon the inhabitants of this colony, and that 
End. n§ * an y attempt to vest such a power in any person, or per- 
sons, whatsoever, other than the general assembly afore- 
•St tutes said ' lias a manifest tendency to destroy British as well 
at large, as American freedom."* 

Speech of Mr. Henry went into an able and elaborate argument 
Patrick to vindicate these resolutions as expressive of the con- 

Henry. 

stitutional rights of the colonies, and closed with those 
glowing words of warning and of eloquence so well 
described by Wirt—" Cassar had his Brutus, Charles 
the First his Cromwell, and George the Third"— 
" Treason ! treason ! " cried the speaker, Mr. Robinson, 



THE UNITED STATES OF AMEEICA. 407 

THE REVENUE SYSTEM OF TAXATION. PART III. 

and others — " may profit by their example," continued The Stamp 
the orator, and then nodding to the speaker, added — g ^iaAn lr " 
" Sir, if this be treason make the most of it ! " and then H65. 
sat down. The resolutions were passed.* *SeeIrv- 

Soon after their passage, the lieut. governor, Fau- washing- 
quier, dissolved the assembly, and writs were issued ton< 
directing a new election of burgesses. Those who had 
voted for the resolutions were unanimously re-elected, 
while those who had opposed them were defeated. 
Resolutions proclaiming the same doctrines and breath- 
ing the same spirit, were also passed by the assemblies 

of New York, Massachusetts Bay, South Carolina, and In New 

. York etc. 

most of the other colonies as they convened. 

" These resolves," says John Adams, " expressed the 
universal opinion of the continent at that time, and the 
alacrity with which every other colony, and the con- 
gress at New York, adopted the same sentiment in simi- 
lar resolves, proves the entire union of the colonies in 
it, and their universal determination to avow and sup- 
port it."f Town meetings were everywhere called, at "f Life of 
which the people passed resolves instructing their rep-^^ 
resentatives in the provincial assemblies to oppose any vol. iv. 
measure whose object was to uphold the Stamp Act. 

The following letter of instructions emanating from A voice 
the spot where the first settlement in New England was Plymouth, 
planted, the old town of New Plymouth in Massachu- 
setts Bay, addressed by his constituents to their repre- 
sentative in the general assembly of that colony, is inter- 
esting not only for the spirit which it breathes, and the 
sentiments which it contains, but also as illustrative of 
the feeling of hostility to the proceedings of parliament 
which pervaded all the colonies. 

"You, sir, represent a people who are not only de- 
scended from the first settlers of this country, but in- 
herit the very spot they first possessed. Here was first 
laid the foundation of the British empire on this part 
of America, which, from a very small beginning, has 
increased and spread in a manner very surprising, and 



408 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The Stamp almost incredible, especially when we consider that all 
certionhTthis has been effected without the aid or assistance of 
America, any power on earth ; that we have defended, protected, 
and secured ourselves against the invasions and cruelty 
of savages, and the subtlety and inhumanity of our in- 
veterate and natural enemies, the French ; and all this 
without the appropriation of any tax by stamps, or 
stamp acts, laid upon our fellow-subjects, in any part 
of the king's dominions, for defraying the expense 
thereof. 
a voice " This place, sir, was at first the asylum of liberty, 
Plymouth. anc ^ we no P e w ^ ever k e P res erved sacred to it, though 
it was then no more than a barren wilderness, inhabited 
only by savage men and beasts. To this place our 
fathers — whose memories be revered — possessed of the 
principles of liberty in their purity, disdaining slavery, 
fled to enjoy those privileges which they had an un- 
doubted right to, but were deprived of by the hands of 
violence and oppression in their native country. 

" We, sir, their posterity, the freeholders and other 
inhabitants of this town, legally assembled for that 
purpose, possessed of the same sentiments, and retain- 
ing the same ardor for liberty, think it our indispensa- 
ble duty, on this occasion, to express our sentiments 
of the Stamp Act and its fatal consequences to this 
country, and to enjoin upon you, as you regard net 
only the welfare, but the very being of this people, that 
you — consistent with our allegiance to the king, and 
relations to the government of Great Britain — disre- 
garding all proposals for any other purpose, exert all 
your power and influence in opposition to the Stamp 
Act, at least till we hear the success of our petitions 
for relief. We likewise, to avoid disgracing the memo- 
ries of our ancestors, as well as the reproaches of our 
own consciences, and the curses of posterity, recom- 
mend it to you, to obtain, if possible, in the honorable 
house of representatives of this province, a full and 
explicit assertion of our rights, and to have the same 



THE UNITED STATES OF AMERICA. 409 

THE REVENCE SYSTEM OF TAXATION. PART III. 

entered on their public records, that all generations yet The Stamp 
to come may be convinced, that we have hot only a just reception 
sense of our rights and liberties, but that we never, in Amen-. 
with submission to Divine Providence, will be slaves to ' 
any power on earth." 

George Washington of Virginia, was a member of George 
the house of burgesses of that colony when Patrick Washmg- 
Henry moved the resolutions already referred to, and 
gave to them his approval. After the adjournment of 
the assembly he retired to his seat at Mount Vernon. 
Hitherto he had taken no active part in political life ; 
out the proceedings of the assembly, and the general 
aspect of things throughout the colonies, now evidently 
seemed to attract his most interested attention. With 
that calm composure and thoughtfulness for which he 
was always so remarkable, he surveyed the scene, and 
thus expressed himself in a letter to Mr. Francis Dan- 
dridge, then in London, dated September twentieth. 

" The stamp act imposed on the colonies by the par- Opinion of 
liament of Great Britain, engrosses the conversation of Washin s- 

. ton upon 

the speculative part of the colonists, who look upon its policy, 
this unconstitutional method of taxation as a direful 
attack upon their liberties, and loudly exclaim against 
the violation. What may be the result of this, and of 
some other (I think I may add ill-judged) measures, I 
will not undertake to determine ; but this I may ven- 
ture to affirm, that the advantage accruing to the 
mother country, will fall greatly short of the expecta- 
tion of the ministry ; for certain it is, that our whole 
substance already in a manner flows to Great Britain, 
and that whatsoever contributes to lessen our importa- u ow nurt . 
tions must be hurtful to her manufactures. The eyes ful t0 En S* 
of our people already begin to be opened, and they 
will perceive that many luxuries, for which we lavish 
our substance in Great Britain, can well be dispensed 
with. This consequently will introduce frugality, and 
be a necessary incitement to industry. If Great Brit- 
ain therefore, loads her manufactures with heavy taxes 



410 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The Stamp will it not facilitate such results ? They will not com- 

ception in P el lls ' * tnin ^> to S ive our money for their exports, 
America, whether we will or not : And I am certain, that none 
of their traders will part with them without a valuable 
consideration. "Where, then, is the utility of those 
restrictions ? As to the Stamp Act, regarded in a sin- 
gle view, one of the first had consequences attending 
it, is, that our courts of judicature must inevitably be 
shut up ; for it is impossible, or next to impossible, 
under our present circumstances, that the act of par- 
liament can be complied with, were we ever so willing 
to enforce its execution. And not to say (which alone 
would be sufficient) that we have not money enough 
to pay for the stamps, there are many other cogent rea- 
sons which prove that it would be ineffectual. If a stop 
* Writings is put to our judicial proceedings, I fancy the merchants 
ineton Sh ~ °^ Great Britain trading to the colonies will not be 
vol. ii. among the last to wish for a repeal of the act."* 
The gener- At this crisis the general assembly of Massachusetts 
biy of Bay resolved that it was expedient to convene a gen- 
Massachu- era } con rr ress f delegates from the several colonies, in 

setts Bay ° ° 7 

proposes a order to consult together as to the most advisable mode 
congress. °f meeting tne exigences of the country. Pursuant 
to this resolution circular letters were addressed to 
the several provincial assemblies, recommending the 
holding of such a convention in the city of New York 
Responded on the first Monday of October then next. The legis- 
SouthCar-lature of South Carolina was the first south of New 
olina. England to accede to this proposal. The influence of 
her example served to allay the apprehensions of those 
colonies which doubted the expediency of the measure : 
And so universal was the sentiment of opposition 
throughout America, that at the time and place desig- 
nated twenty-eight delegates assembled, representing 
And other Massachusetts Bay, Rhode Island, New York, New 
colonies. Jerse ^ p ennS yi va nia, Delaware, Maryland, and South 
Carolina. 

The governors of Virginia, North Carolina, and 



THE UNITED STATES OF AMERICA. 411 

THE REVENUE SYSTEM OF TAXATION. PART III. 

Georgia, interfered and prevented those colonies from The coio- 
sending delegates; but each of them forwarded peti- "J.g SS c ^" 
tions and resolutions, in which they strongly condemned New York, 

Oct. l^GS. 

the policy, and insisted upon the unconstitutionality of 
the Stamp Act. 

This congress addressed a petition to the crown, a its pro- 
memorial to the House of Lords, and a remonstrance 
to the House of Commons, stating their grievances and 
praying for redress. They also prepared and published 
a Declaration of Rights, in which they set forth the 
wrongs of which they complained, and the rights which 
they insisted upon. As exhibiting their true position in 
relation to the mother country at this stage of the con- 
troversy, it necessarily forms a part of our history. 



Declaration of Rights by the Colonial Congress. 

" The members of this Congress, sincerely devoted Declara- 
with the warmest sentiments of affection and duty to rights, Oct. 
his majesty's person and government, inviolably at- 1765, 
tached to the present happy establishment of the pro- 
testant succession, and with minds deeply impressed by 
a sense of the present and impending misfortunes of 
the British colonies on this continent, having consid- 
ered, as maturely as time will permit, the circumstances 
of the said colonies, esteem it our indispensable duty 
to make the following declarations of our humble 
opinion respecting the most essential rights and liber- 
ties of the colonists, and of the grievances under which 
they labour, by reason of several acts of parliament. 
They declare therefore, — 

" I. That his majesty's subjects in these colonies, owe Nature of 
the same allegiance to the crown of Great Britain that ^nce to 
is owing from his subjects born within the realm, and th e crown. 
all due submission to that body, the parliament of 
Great Britain. 

"II. That his majesty's liege subjects in these colo- Their 
nies are entitled to all the inherent rights and liberties subjects! 



412 THE GOVERNMENTAL HISTORY OP 



Part III. origin and causes of the revolution. 

Deciara- f lj s natural-born subjects within the kingdom of 

tion of . . 

rights. Great Britain. 

Consent " in. That it is inseparably essential to the freedom 
to taxar of a people, and the undoubted right of Englishmen, 
tion - that no taxes be imposed on them but with their own 

consent, given personally or by their representatives. 
Represent- a iy That the people of these colonies are not, and 

ation in . , L 7 

parliament from their local circumstances cannot be, represented 

cable " * n ^ ie House of Commons in Great Britain. 

Constitu- "V. That the only representatives of these colonies 
are persons chosen therein by themselves, and that no 
taxes ever have been, or can be constitutionally, im- 
posed upon them, but by their respective legislatures. 

Supplies to u yj. Th^ all supplies to the crown being free gifts 

the crown. - . r \ . 

from the people, it is unreasonable and inconsistent 
with the principles and spirit of the British constitu- 
tion, for the people of Great Britain to grant to his 
majesty the property of the colonies. 
Trial by u y n That trial by : ury ig the inherent and inval- 

jury. . . . 

uable right of every British subject in these colonies. 
Unconsti- " VHI. That the late act of parliament entitled 

tutionality . , . . • . _ 

of the act. An Act lor granting and applying certain btamp 
duties, and other duties, in the British colonies and 
plantations in America,' &c. ; imposing taxes on the 
inhabitants of these colonies ; and the said acts, extend- 
ing the jurisdiction of courts of admiralty beyond 
its ancient limits, have a manifest tendency to subvert 
the rights and liberties of the colonists. 
Taxes im- "IX. That the duties imposed by several late acts 
densome. °f parliament, from the peculiar circumstances of these 
colonies, will be extremely burdensome and grievous ; 
and from the scarcity of _specie, the payment of them 
absolutely impracticable. 
Profits of "X. That as the profits of the trade of these colo- 
toEng- n i es ultimately centre in Great Britain, to pay for the 
knd- manufactures which they are obliged to take from 
thence, they eventually contribute very largely to all 
supplies granted to the crown. 



THE UNITED STATES OP AMERICA. 413 

THE REVENUE SYSTEM OF TAXATION. PART III. 

" XI. That the restrictions imposed by several late Restric- 
acts of parliament, on the trade of these colonies, wi^ their trade 
render them unable to purchase the manufactures of 
Great Britain. 

" XII. That the increase, prosperity, and happiness Source of 
of these colonies depend on the full and free enjoy- ?n tf^coi 
ment of their rights and liberties, and an intercourse onies - 
with Great Britain mutually affectionate and advan- 
tageous. 

"XIII. That it is the right of the British subjects Right of 
in these colonies to petition the king, or either house P etltl0n - 
of parliament. 

" XIV. That it is the indispensable duty of these Their duty 
colonies, to the best of sovereigns, to the mother coun- t0 p 1 " 00 "™ 

' ° ' a repeal of 

try, and to themselves, to endeavor, by a loyal and the Stamp 
dutiful address to his majesty, and humble application ct ' etc ' 
to both houses of parliament, to procure the repeal of 
the act for granting and applying certain stamp duties ; 
of all clauses of any other acts of parliament, whereby 
the jurisdiction of the admiralty is extended as afore- 
said ; and of the other late acts for the restriction of 
American commerce." 



These proceedings were made public after the ad-Publica- 
journment of the congress, were endorsed by the legis- tl ™ ot d 
latures of the several colonies, and were generally com- in gs. 
mended and approved by the people. The spirit which 
had animated their deliberations was universally dif- 
fused throughout America, and in all parts of the coun- 
try exhibited itself in various hostile expressions of 
their indignant sense of outrage. 

By its provisions the Stamp Act was to go into effect 
on the first of November. The agents appointed to 
receive the stamped paper and to enforce the collection 
of the stamp duties, were burned in effigy, their offices 
were demolished, and they were obliged to resign their 
agency or quit the country. Banners were everywhere 
displayed with the inscription, liberty and property Jar- 



414 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Popular ever, and no stamps. In Philadelphia, and other sea- 
stratkms P ort * owns j on tne arr ival of the Stamps, and at the 
against the date when the act was to take effect, the flags in the 
l<765-6. ° ' harbour were placed at half-mast, the bells were 
muffled and tolled during the day, and the citizens put 
In Phila- on the habiliments of mourning. Like scenes were 
ddphia, enacted in New York, in Virginia, in Maryland, and in 

the New England Colonies. 
In Boston. In Boston the stamp distributor was hanged in ef&gy, 
his windows broken, his office destroyed, and the effigy 
taken down and burned with the fragments** A paper 
was issued called The Constitutional Courant, with the 
* irving's device of a snake cut into eight pieces ; the head bear- 
ton. 8 mg " m g the initials N. E. for' New England, and the other 
parts the initials of New York, New Jersey, Pennsyl- 
vania, Maryland, North and South Carolina, with the 
motto join or die. A handbill was also posted at the 
corners of the streets, and in all places of public resort, 
bearing the inscription in large capitals, 

" PRO P ATRIA. 

The first man that either distributes or makes use 
of stamped paper, let him take care of his house, per- 
il, s. Win- son 5 anc *- effects. We dare, 

terbotham. VOX POPULI " * 

In N " In New York, the act was printed and carried 

York. about the streets on a long pole, surmounted by a 
death's head, with a scroll inscribed, The folly op 
England and ruin op America. Colden, the lieu- 
tenant governor, who acquired considerable odium 
by recommending to government the taxation of the 
colonies, the institution of hereditary assemblies, and 
other tory measures, seeing that a popular storm 
was rising, retired into the fort, taking with him the 
stamp papers, and garrisoned it with marines from a 
ship-of-war. The mob broke into his stable, drew out 
his chariot, put his effigy into it, paraded it through 



THE UNITED STATES OP AMEKICA. 415 

THE REVENUE SYSTEM OF TAXATION. PART III. 

the streets to the common, (now the park,) where they Popular 
hung it on a gallows. In the evening it was taken f i o" 1 g onstia * 
down, and again put into the chariot with the devil for against the 
a companion, and escorted back by torch-light to the n 6 5. ' 
Bowling Green, where the whole pageant, chariot and*irving'a 
all, were burnt under the very guns of the fort."* t0 ™ ing " 

Mr. Jared Ingersoll of New Haven, Connecticut, in Con- 
was in London with Dr. Franklin, where he appeared nectlcut - 
as the agent of the colony to present their remon- 
strance against the passage of the Stamp Act. He 
returned to America after the passage of the act, with 
a commission appointing him to the office of stamp- 
master. 

"Having accepted the place," says Hollister, "Mr. 
Ingersoll was determined to discharge its duties. Still 
he sought to conciliate his fellow-townsmen at New 
Haven, who, for the most part, were opposed to the 
law." 

No one could doubt, at this day at least, that, in 
either effort, Mr. Ingersoll had undertaken a very 
perilous and difficult task, whatever may have been his 
motives in accepting the office. The boldness and 
courage with which he undertook to defend his posi- 
tion and enforce the law, in the face of a people who 
had committed to him the high and honorable post of 
personating their hostility to it before parliament, are 
certainly very remarkable. 

"The act is so contrived," he says to the enraged Mr. Inger- 
colonists, "as to make it for your interest to buy the ^e people 
stamps. When I undertook the office, I meant a serv- 
ice to you." "Stop advertising your wares till they 
arrive safe at market," said one. — "The two first letters 
of his name are those of a traitor of old," shouted a 
second — and added bitterly, "it was decreed that our 
Saviour should suffer ; but was at better for Judas 
Iscariot to betray him, so that the price of his blood 
might be saved by his friend ? " At last the citizens 
gathered around his house in great numbers. — " Will 



41G THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Popular you resign ?" was the pointed inquiry that they put to 
t1ons 0nStra " llim - " J know not if I have the power to resign," 
against the answered the resolute man. 

1765-c. ° ' " On the seventeenth of September, a town meeting 
was held, and Ingersoll was called upon by a public 
vote to resign his office without delay. — ' I shall await 
to see how the general assembly is inclined,' said the 
stamp master evasively." 
In Con- Not being able to remain in New Haven, he deter- 
necticut. mmec [ to visit the general assembly, then in session at 
Hartford. Notwithstanding he was accompanied by 
his excellency, Governor Fitch, the presence of the 
chief magistrate of the colony did not deter the people 
from having their will in the matter. He was followed 
by a large concourse of citizens, who, when they ar* 
rived in the neighborhood of Wethersfield, were met 
by a cavalcade of five hundred freeholders and farm- 
ers ; all well armed, not with carbines and steel blades, 
* 2 Hoilis- but with ponderous clubs,* who called upon him to 
t( fC nn St res ig n l ns office of stamp master. On his remonstra- 
ting, the crowd replied, "It don't signify to parley; 
here are a great many people waiting, and you must 
resign." 

Ingersoll. " I wait to know the sense of the govern- 
ment. Besides, were I to resign, the governor has 
power to put in another." 

The People. "Here is the sense of the government; 
and no man shall exercise your office." 

Ingersoll. "What will follow if I won't resign ?" 
The People. "Your fate." 

Ingersoll (calmly.) " I can die, and perhaps as well 
now as at any time. I can die but once." 

Durkee (impatiently.) "Don't irritate the people." 
Ingersoll. "I ask for leave to proceed to Hartford." 
Durkee. "You shall not go two rods till you have 
resigned." 

After some further parley, seeing that the people 
were in earnest and that there was no escape, Ingersoll 



THE UNITED STATES OP AMERICA. 417 

THE REVENUE SYSTEM OF TAXATION. PART III. 

concluded that "the cause was not worth dying for," Popular 
and placed his signature to the form of resignation ^monstra- 
prepared by the people for the occasion, as follows : against the 

Stamp Act, 

"Wethersfield, September 19th, 1765. 1765 ~ 6, 

" I do hereby promise that I never will receive anv 

, ,• i • - -o • Jn Con- 

stamped papers which may arrive from Europe, in con- necticut. 

sequence of an act lately passed in the parliament of 
Great Britain ; nor officiate as Stamp-Master, or Dis- 
tributor of stamps, within the colony of Connecticut, 
either directly or indirectly. And I do hereby notify 
to all of the inhabitants of his majesty's colony of Con- 
necticut, (notwithstanding the said office, or trust, has 
been committed to me,) not to apply to me, ever here- 
after, for any stamped paper ; hereby declaring that I do 
resign the said office ; and execute these presents of my 
own free will and accord, without any equivocation or 
mental reservation. In witness whereof I have here- 
unto set my hand. J. Ingersoll." 

" Swear to it," cried the people ; to which request he 
declined to accede. "Then shout liberty and property 
three times" responded the crowd. At this, Ingersoll 
took off his hat and united with the joyous people in 
the shout for freedom. The governor, under similar 
demonstrations of opposition, afterwards followed the 
example of Ingersoll, and the Stamp act and stamped * Holu 
paper were universally condemned in Connecticut."* ter's Hist. 

of Conn. 

In New Hampshire, on the morning of the day on In New 
which the act was to go into effect, at sunrise, the bells ^ m P" 
began to toll. The people gathered as for a funeral S 
procession. Eight persons bore upon their shoulders a 
coffin inscribed Liberty, which was supposed to contain 
her remains. Accompanied with the discharge of 
minute guns, the crowd moved slowly and mournfully 
towards the place of interment. When they came to 
the grave, a funeral oration was pronounced, and the 
coffin was lowered with deep solemnity into the vault 
27 



418 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Popular 
demonstra- 
tions 

against the 
Stamp Act, 
1765-6. 



* Butler's 
U. States. 



Business 

transacted 

without 

stamped 

paper. 



Non-im- 
portation 
associa- 
tions. 



* Bissett* 



prepared for its reception, when, suddenly, signs of 
animation were discovered, the coffin was raised and 
inscribed Liberty revived. Shouts and acclamations, 
the cheerful sound of the trumpet, the noise of the fife 
and the drum, and the merry peal of the bells, an- 
nounced the joyful event, and re-inspired the despond- 
ing heart of the people.* 

There is nothing so forcible, so powerfully expressive 
of the spirit which pervaded the colonies at this time, as 
these various modes in which it was manifested. There 
are none of the uses of language so significant. They 
were not the wild and incoherent ebullitions of a law- 
less mob, or an infuriated populace, for they were 
devised by men of character, station, and influence, 
and were everywhere conducted with decency and deco- 
rum. They were sober and rational indications of a 
sense of real, deep, felt oppression, and addressed 
themselves to the noblest and best sympathies of our 
nature. Meanwhile the colonies went on regularly in 
the transaction of business in their courts ; and the 
people continued their daily avocations in all the 
departments of trade and commerce, printed and cir- 
culated their newspapers, and executed all needful con- 
veyances of property ; and the Congress at New York 
gave publicity to its proceedings ; without using stamped 
paper, and as if no such act had been passed. 

Associations for the non-importation of British man- 
ufactures were formed by the merchants of New York, 
to continue until the Stamp Act should be repealed. 
Their example was imitated by the merchants of Bos- 
ton, of Philadelphia, of Baltimore, and other seaport 
towns. Committees were appointed by these several 
associations, in their respective localities, whose duty it 
was to inspect British cargoes, and to report those who 
traded in or purchased the articles prohibited ; and the 
transgressors were censured not only, and avoided, but 
their names were also posted and published in the news- 
papers, and themselves proclaimed odious.* 



THE UNITED STATES OF AMERICA. 419 

THE REVENUE SYSTEM OF TAXATION. PART III. 

Articles of union were entered into between New Demon- 
York and Connecticut, in which they avowed their alle- a Jainsuhe 
giance to the crown, and their strong attachment toStampAct, 
the parent state. They declared that they had united for Co i on ; a j 
the sole purpose of defending themselves against the associa- 
wrongs sought to be inflicted by parliament ; they pro- 
tested strongly against its enactments as aggressions 
upon their liberties, and seem not to have desired, or 
even thought of, a separation from the dominion of 
Great Britain. The colonies of Massachusetts Bay and 
New Hampshire soon united in the league. " At the sug- Commit- 

tGGS of* cor- 

gestion of Samuel Adams of Boston, a committee of cor- re .spond- 
respondence was appointed in Massachusetts Bay. In- ence ' 
stantly every colony, nay every county, city, hundred, and 
town, upon the whole continent, adopted the measure, 
I had almost said, as if it had been a revelation from * Life of 
above, as the happiest means of cementing the union ams n vol \ 
and acting in concert."* 

The swell of this mighty and united torrent of oppo- 
sition spread across the Atlantic. At its tumultuous . 
and prophetic murmur the throne trembled, the nation 
was convulsed, and the kingdom of Great Britain 

Through all her gates gave signs of woe. 

The check thus given to the commercial intercourse The effect 
between the two countries, stopped the manufacturing demonstra- 
establishments, and extensively embarrassed the opera- tions in 
tions of trade in England ; while it threw thousands 
out of employment who were thus enlisted in favor 
of the repeal of the Stamp Act and the claims of 
America. 

The first ominous symptom of a reaction in favor of Change in 
the colonies in the public councils of the mother coun- cabinet. 
try, was the dismission of Mr. Grenville from the head 
of the government, and the formation of a new cabinet. 
" Grenville," says Sir Horace Walpole " was a man 
great in daring and little in views ; and was charmed 
to have an untrodden field before him of calculation 



420 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Change in and experiment."* The change in the ministry was 
counciis Sh undoubtedly suggested by the conviction that the meas- 
* Cited in ures adopted were altogether too hazardous, and that 
W hhf - ^ ie e x P ermien t had been pushed to a fearful crisis, 
ton. The new administration felt that it was time to pause, 

The new ^ deliberate upon the consequences which might ensue 
upon their further prosecution. The aspect of things 
in America seemed to indicate that the only, perchance 
the last moment for conciliation had arrived. The 
weight of a feather in the scale of policy might sever 
forever the tie which bound the colonies to the mother 
country, and alienate irrecoverably their allegiance to the 
crown. 
Dr. Frank- At this crisis Dr. Franklin, then in London, was 
the house called into the house of commons and examined before 
of com- them with reference to the Stamp Act. He had ap- 
1*765. peared in London as one of the agents of the colonial 
congress and the bearer of their dispatches to the crown 
and parliament. Hence he was justly supposed to be 
well versed in American affairs, was summoned into 
parliament, and his responses had an oracular weight 
with those who listened to him. He was interro- 
gated — 
His exam- " 1. Question. — "What was the temper of America to- 
thfstamp ^ ards Great Britain before the year 1763 ? " Answer.— 
Act. u ^he best in the world. They submitted willingly to the 

government of the crown, and paid, in all their courts, 
obedience to the acts of parliament. Numerous as the 
people are in the several old provinces, they cost you 
nothing in forts, citadels, garrisons, or armies, to keep 
Feelings them in subjection. They were governed by this coun- 
G Wa t d B 't try a t th e expense only of a little pen, ink, and paper, 
ain before They were led by a thread. They had not only 
itspassage. respect> but an a ff ec tion for Great Britain, for its laws, 
its customs, and manners ; and even a fondness for its 
fashions that greatly increased the commerce. Natives 
of Great Britain were always treated with particular 
regard : To be an Old England man was, of itself, a 



THE UNITED STATES OF AMERICA. 421 

THE REVENUE SYSTEM OF TAXATION. PAUT III 

character of some respect, and gave a kind of rank 
among us." 

" 2. Question. — And what is their temper now ? " 
Answer. — " Oh ! very much altered." 

" 3. Question. — If the act is not repealed, what do How 
you think will be the consequences?" Answer. — "A the Act. 
total loss of the respect and affection the people of 
America bear to this country, and of all commerce that 
depends on that respect and affection." 

" 4. Question. — Do you think the people of America The people 
would submit to pay the stamp duty if it was mode- ™ a "^ 
rate ? " Answer. — " No, never, unless compelled by duty, 
force of arms." 

Neither the crown nor the new ministry dared ven- 
ture further to trifle with the subject. The king in his 
address to parliament recommended conciliatory meas- Speech of 
nrcs. Mr. "William Pitt, Earl of Chatham, now the Jfp^jJJ* 
loader of the new administration, in moving the address, Stamp Act, 

1 76fi 

.said — " My position is this ; I repeat it, I will main- 
tain it to my last hour ; taxation and representation are 
inseparable ; This position is founded on the laws of 
nature. It is more. It is itself an eternal law of 
nature. For whatever is a man's own, is absolutely 
his own, no man has a right to take it from him with- He defends 
out his consent. Whoever attempts to do it, attempts tion^Tthe 
an injury ; whoever does it, commits robbery. You copies 
have no right to tax America. I rejoice that America 
has resisted. Three millions of our fellow subjects so 
lost to every sense of virtue, as tamely to give up their 
liberties, would be fit instruments to make slaves of 
the rest." 

He further insisted that taxation was no part of the 
governing power, but that taxes were the free gift and 
grant of the people alone, either by themselves or by 
their representatives. He closed his able and eloquent He moves 
defence of the position taken by the colonies, by mov- ^j^* 1 ° f 
ing — " that the Stamp Act be repealed, absolutely, 
totally, and immediately ; at the same time," he added, 
" let the sovereign authority of this country over the 



422 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of trk revolution. 

Repeal of colonies, be asserted in as strong terms as can be 
Act, iamP devised, and be made to extend to every point of legis- 
Marcb, is, lation whatsoever ; that we may bind their trade, con- 
fine their manufactures, and exercise every power, 
except that of taking their money out of their own pock- 
ets without their consent" While the bill for repealing 
it was under deliberation, petitions were received from 
the merchants of the city of Bristol, from the merchants 
of Glasgow, from Edward Montague, agent for the colony 
*Amer-- of Virginia, and from the merchants of the city of Lon- 
chheV" ^ on ' m f avor °f the repeal, and read.* The new min- 
voi. l. istry generally coinciding in Mr. Pitt's sentiments, the 
Stamp Act was repealed. 



Though the attempt to enforce the circulation and 
use of stamped paper was so personal and at the same 
time so universal in its operation, that it aroused a fever 
of excitement which seemed to make the Stamp Act 
the one grand act of grievous and hostile legislation ; 
yet in the more northern and commercial colonies the 
controversy embraced also the principle of parliament- 
ary interference generally. In all of them, however, 
The repeal the intelligence of the repeal was received with un- 

how re- bounded applause. Bonfires, the booming of can- 
celed in . ° 
America, non, the illumination of public buildings and pri- 
vate residences, processions accompanied with bands 
of music, shouts, huzzas, and banners waving from 
conspicuous places, displaying on their ample area 
sentiments of freedom, everywhere testified the exulta- 
tion of the people. Letters, addresses, and resolutions, 
emanating from their public functionaries, their pri- 
mary assemblies, and their halls of legislation ; ser- 
mons and public thanksgivings in their churches, all 
expressed their jubilant acknowledgments. The mer- 
chants and traders at once suppressed all their hostile 
measures. The colonies dissolved their retaliatory 
leagues, revived their commercial operations, and the in» 
habitants resumed their traffic in and use of articles of 



THE UNITED STATES OP AMEEICA. 423 

THE REVENUE SYSTEM OF TAXATION. PART III. 

British manufacture and importation. In a word, the The repeal 
whole American people, to use the expressive language g to |™ Act 
of their own colonial Congress, " fell into their ancient how re- 

ccivcd in 

state of unsuspecting confidence in the mother coun- America, 
try." 

In writing to a friend in England, Washington thus Opinion ot 
expressed himself: "The repeal of the Stamp Act, tpJ^J^fj*" 
whatever cause owing, ought much to be rejoiced at ; the repeal, 
for had the parliament of Great Britain resolved upon 
enforcing it, the- consequences, I conceive, would have 
been more direful than is generally apprehended, both 
to the mother country and her colonies. All, therefore, 
who were instrumental in procuring the repeal, are 
entitled to the thanks of every British subject, and 
have mine cordially."* At another time he writes : * Sp ar k 8 » 
"I cannot help observing that a contrary measure Writings 

. _ , .,'•■, , of Wash- 

WOUld have introduced very unhappy consequences, ington, 

Those, therefore, who wisely foresaw such an event, vo1, 2 " 
and were instrumental in procuring the repeal of the 
act, are, in my opinion, deservedly entitled to the 
thanks of the well-wishers to Britain and her colonies, 
and must reflect with pleasure, that, through their 
means, many scenes of confusion and distress have 
been prevented. Mine they accordingly have, and 
always shall have for their opposition to any act of 
oppression ; and that act could be looked upon in no 
other light by every person who would view it in its ''Ibid, 
proper colours."* 

But the confidence and the joy of all who had thus The repeal- 
hailed the repeal was but temporary. The commended mff ac *\ lt8 

r . preamble 

wisdom even of the wise proved to be foolishness or and de- 
willfulness. The branch cast into the bitter waters clauses 1 " 7 
had no healing virtues. The Stamp Act was indeed 
repealed, and the intelligence of its repeal was indeed 
hailed with joy in America, but when the repealing act 
itself reached the colonies, it was found to be wholly 
unsatisfactory ; as the closing part of Mr. Pitt's speech 
foreshadowed that any qualified repeal might be. The 



424 THE GOVERNMENTAL HISTORY OP 



Part III. origin and causes of the revolution. 

reasons given for the repeal, as stated in the preamble 
Reasons of the repealing act, were — "that the collecting the 

given for severa ;[ duties and revenues, as by the said act was 
the repeal. * •> 

directed, would be attended with many inconveniences, 

and productive of consequences dangerous to the com- 
mercial interests of this kingdom." While in its 
declaratory provisions was the more obnoxious clause, 
"that the king, with the consent of parliament, had 
and of right ought to have full power and authority to 
make laws and statutes of sufficient force and validity 
to bind the colonies and the people of America, sub- 
jects of the crown of Great Britain, in all cases what- 
soever." 
The defect- Thus the mode of collecting the several duties and 
of 6 collect- revenues, as directed by the provisions of the act, 
ing the du- and not the wrong in which they originated, was given 
ground of as the reason of its repeal. The commercial interests 
the repeal. f Q re at Britain were set in direct opposition to the 
rights and freedom of the colonies, while the very 
power claimed by parliament, the exercise of which 
had rendered the Stamp Act itself so odious, was re- 
asserted in the broadest and most comprehensive terms. 
"Whatever policy may have prompted the ministry to 
make the king also a party to this assumption of par- 
liamentary authority, it certainly was a measure which 
materially hazarded his own prerogatives of sovereignty 
Complicity in the colonies. It tended so^to interweave the ques- 

of the con " tion of colonial allegiance to the crown with the ques- 
troversy. . . x 

tion of colonial submission to the parliament, that the 
two necessarily became blended in the controversy 
which thereafter ensued. Thus were sown the seeds 
which gave to that controversy a wider range of hos- 
tility, involving the sovereignty of Great Britain over 
America in the issue of the struggle. The door for it 
The pre- was soon opened. 

commer- The specious pretense that the stamp act was re- 
ciai policy pealed because the taxes imposed by it were laid cow- 
repeal, trary to the true principles of commerce^ was a conces- 



THE UNITED STATES OF AMERICA. 425 

THE REVENUE SYSTEM OF TAXATION. PART III. 

sion, the ultimate reach of which its authors had not 

either the coolness or the sagacity to foresee. As a 

motive for the repeal it amounted to nothing, and 

" never was believed," says Sir Edmund Burke, " by any 

man either in America, which it was meant to soothe; * Burke on 

or in England, which it was meant to deceive."* Taxation? 

The repeal and the concession, whether so intended 
or not, were, virtually, a relinquishment of the revenue 
system of taxation, and of the claims upon which it 
was based ; and would probably have terminated the 
hostility of the colonies but for these declaratory pro- 
visions of the act. 

I do not feel disposed to indulge in that spirit of Complica- 
loose invective which many of our historians have man-^°. n ?? ftbe 

•' British 

ifested in speaking of the members of the British Cabi- Cabinet. 
net, or of the prominent men in parliament, who, in 
one year or another of this period, guided and con- 
trolled the policy of the nation. It must be admitted 
that at the close of the French war, the relations which 
existed between England and her colonies in America 
were of necessity exceedingly complicated and embar- 
rassing ; while neither her people nor her public men 
knew much of the extent or resources of the American 
continent, the character of the American people, or the 
nature of their governments and institutions. Accredit 
to her statesmen and legislators the wisdom, fore- 
thought, and prudence, the integrity, virtue, and intel- 
ligence, which more than ordinarily belong to public 
functionaries, and it was still a difficult matter for them 
to know how to legislate wisely with reference to Amer- 
ica. More than this, it was impossible. It was not in 
human wisdom to contrive any system of legislation, 
or policy of administration, which could stay the prog- 
ress of the colonies towards independence. Such a 
result, under whatever form of parental discipline or 
oversight, under whatever degree of integrity or capaci- 
ty of statesmanship, was inevitable. We have only to 
do with the causes which produced it, not so much 



426 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

with the men who were instrumental in developing 
those causes; and while, therefore, we note their meas- 
ures, we care not to stigmatize with odious epithets 
either their motives or their characters. 
pieTpar- ^ was to De expected, and this was why the arrival 
liamentary of the repealing act in America produced so much 
ty^bf 11 " a l arm in the colonies, that the principle of parliament- 
enforced. ai y supremacy, now sheltered under the wing of kingly 
prerogative, and so boldly claimed, would be enforced. 
It was still insisted that it was expedient to raise a 
revenue in America, but for what purpose it should be 
claimed, or in what manner it should be accomplished, 
seemed to be the difficulty. In order to be consistent 
The com- with the preamble of the repealing act it was necessary 
system of f° r those who made the claim to devise some mode of 
taxation levying the taxes, not " inconsistent with the true prin- 

maugura- . ' • A 

ted, ciples oi commerce. I he plan now proposed was 

1766-67. claimed to be more according to commercial usage, 
though it was precisely the same thing in principle with 
the stamp act. Hence I have denominated it the com- 
mercial system of taxation. 

This new system was inaugurated under the auspices 
of Sir Charles Townshend, now promoted to the office 
of Chancellor of the Exchequer, in the new ministry ; 
to whom was entrusted the financial affairs of the gov- 
ernment. In bringing it forward it was necessary to 
sustain the positions put forth in the declaratory pro- 
visions of the repealing act. The king and parliament 
must, seemingly at least, be united in the measure. 
Accordingly early in the following year, Mr. Townshend 
introduced a bill into the House of Commons with the 
anomalous recital : 

" Whereas it is expedient that a revenue should be 
raised in your majesty's dominions in America, for mak- 
ing a more certain and adequate provision for defray- 
ing the charge of the administration of justice, and 
support of civil government, in such provinces where 
it shall be necessary, and towards further defraying the 



THE UNITED STATES OF AMERICA. 427 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

expenses of defending, protecting, and securing the Act impos- 
said dominions, therefore the House of Commons do on s co " n !, es 
give and grant unto your maiesty ," &c. The Bill mercial 

■ n -. • ,. ■, . ■ , ' , n importa- 

lmposed duties on "glass, paper, painters colours, red t ious 1 i'76'j:. 
lead, white lead, and teas, imported into America ; " part 
of the proceeds of which were to be appropriated to the 
purposes specified in the preamble. 

This measure of course was regarded in America as Its recep- 
equally unconstitutional with the stamp act, and revived erfecth 
with increased bitterness and boldness the indignation America, 
and resentment of all the colonies. It made them sus- 
picious of the designs of the ministry, and they entered 
into the controversy thus renewed with a more deter- 
mined and independent hostility. It was urged "the 
taxes are small." It was replied "the principle is the 
same, and we .contend for the principle." Circulars, 
pamphlets, newspapers and periodicals, were published, 
setting forth in clear, distinct, and forcible relief, the 
rights of the colonies ; and exposing with a master logic 
and skill, the odious doctrines which were concealed 
under the guise of small taxes. Never were the prin- 
ciples of constitutional freedom so clearly set forth, so 
luminously illustrated, or so ably advocated and defend- * 
ed as by the American statesmen, writers and legislators 
of that day, while " the justice of their reasoning was 
freely acknowledged by all liberal and unprejudiced 
minds in the mother country."* * Story. 

The general language of the colonies was, "we are 
not permitted to import from any nation other than our 
parent state ; and have been, in some cases, restrained 
by her from manufacturing for ourselves; and she 
claims a right to do so in every instance which is incom- 
patible with her interests. To these restrictions we 
have hitherto submitted. But she now rises in her de- 
mands, and imposes duties on those commodities the General 
purchasing of which elsewhere than at her market her of'thTcdo- 
law forbids, and the manufacturing of which for our uies - 
own use, she may, any moment she pleases, restrain. 



428 THE GOVERNMENTAL HISTORY OP 

Part III. origin axd causes of the revolution. 

Reception If her right is valid to lay a small tax, it is equally so 
of the act to lay a large one, for, from the nature of the case, she 
imposing m ust be guided exclusively by her own opinions of our 
commer- ability, and of the propriety of the duties she may 
tetions P ° r " i m P ose - Nothing is left for us but to complain or pay. 
1767. "We must abstain entirely from using those articles, 
which cannot be dispensed with, or we must pay a tax 
imposed without our consent." 
Appeals to They again, as before, addressed their petitions, 
the crown, remonstrances, and appeals to the crown, the parlia- 
ment, and the people of England. But these produced 
no salutary impressions. Their appeals were suppressed, 
their petitions were unheeded, and their remonstrances 
were thrown under the table. 

On the twenty-seventh day of May, parliament en- 
Restrain- ac ted " A bill for restraining the Assembly of New York 

ing act or . 

new mode from passing any act, until they have complied with the 
enforce 1 co° ac ^ °^ parliament for furnishing his majesty's troops 
lonial sub- with necessaries, required by said act." The act refer- 
red to was an act passed 1765, adding to the mutiny 
act a clause giving to the ministers unlimited power to 
send troops to America; and compelling the people to 
provide quarters for them; to furnish them with fuel, 
provisions, lights, etc. ; so long as they should remain 
in the colonies. It was called the Quartering Act. Its 
enforcement being rendered unnecessary by a repeal of 
the stamp act, the hostility to it was thereby abated. 
But the revival of it, at this time and in this form, was 
adding insult to injustice. An attempt to force the 
colonial legislature to provide for the maintenance of 
an army quartered upon them to enforce at the point 
of the bayonet obedience to the revenue act. 
How en- And how was this more recent enactment to be 
forced- en f orce( i? By a board of officers, appointed by the 
crown pursuant to an act passed June fifteenth, 1767, 
called " Commissioners for the customs and other duties 
in the British dominions in America, and for executing 
the laws relating to trade there." These commission- 



THE UNITED STATES OF AMERICA. 429 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

ers were to be resident in America, with power to The re- 
appoint agents in all of the colonies, wherever they act & „ a \ ust 

might see fit, and to enforce obedience by directing the New York, 
i i • i i • i it and its en- 

military to enter the colonial legislature and disperse forcement, 

its members, or stop legislation in some like summary l ' 6 '- 

manner.* Could the prerogatives of sovereignty be * 1 Ameri- 

exercised in a more arbitrary way, or with a greater chives. 

show of insolence and oppression? 

The effect generally produced by this ordinance of 
parliament, on its arrival in America, as well as the 
quick sympathy and unity of purpose which existed 
throughout the colonies, are well illustrated in a letter 
sent from the house of burgesses in the colony of Vir- 
ginia to the general court of Massachusetts Bay, in 
reply to a circular address issued by the latter, which I 
shall presently notice. The letter reads : 

" The act suspending the legislative power of New a voice 
York we consider as still more alarming to the colonies, ^^ Vir " 
though it has that single province in view. If parlia- 
ment can compel them to furnish a single article to the 
troops sent over, they may, by the same rule, oblige them 
to furnish clothes, arms, and every other necessary, 
even the pay of the officers and soldiers; a doctrine 
replete with every mischief, and utterly subversive of 
all that is dear and valuable. For what advantage can 
the people of the colonies derive from choosing their 
own representatives, if these representatives, when 
chosen, be not permitted to exercise their own judg- 
ments, be under a necessity — on pain of being deprived 
of their legislative authority — of enforcing the man- 
dates of a British parliament." 

Massachusetts Bay, as I have said before, because of 
her extended commerce and her more spirited resist- 
ance to the collection of the revenues imposed by par- 
liament, became the object of ministerial vengeance. 
And the officers and agents of the British government 
were here more numerous, and more active in enforcing 
their collection. 



430 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Restrain- Hence early in the next year, her general court 
against addressed a petition to the king and letters to several 
New York, members of the administration party in England : and 

how re- . l J G ' 

ceived in also prepared the circular address, above alluded to, 
1767-68' an ^ transmitted a copy of it to the speaker of the 
assembly of each of the several colonies. The senti- 
ments contained in this circular were readily responded 
to throughout the country in the same tone with the 
above response from Virginia. It presents so just 
and comprehensive a view of the position assumed by 
all of the colonies, at this crisis, that I consider it due 
to the design of this work to insert it here at length. 
It proceeds : 
Circular " Sir. The House of Representatives of this Prov- 
addrcss on { nce have taken into their consideration the difficulties 

American 

affairs by that must accrue to themselves and their constituents, 
oAjassa-^ by the operation of the several acts of parliament, im- 
chusetts posing duties and taxes on the American colonies. As 

Bay, Feb., f J . & ...... . , . n . . 

1768. it is a subject m which every colony is deeply interested, 
they have no reason to doubt but your House is duly 
impressed with its importance, and that such constitu- 
tional measures will be come into as are proper. It 
seems to be necessary that all possible care should be 
taken that the representatives of the several assemblies, 
upon so delicate a point, should harmonize with each 
other. The House, therefore, hopes that this letter will 
Motive of ^ e candidly considered in no other light than as express- 
the ad- jng a disposition freely to communicate their mind to a 
sister colony, upon a common concern, in the same 
manner as they would be glad to receive the sentiments 
of your, or any other House of Assembly on the conti- 
nent." 
Constitu- " The House have humbly represented to the min- 
riehteof istl T tlieir own sentiments; that his majesty's high 
the colo- court of parliament is the supreme legislative power 
over the whole empire ; that in all free states the con- 
stitution is fixed : And, as the supreme legislative de- 
rives its power and authority from the constitution, it 



mes. 



THE UNITED STATES OP AMERICA. 4G1 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

cannot overleap the bounds of it without destroying its circular 
foundation ; that the constitution ascertains and limits JjJ^ res ? t0 
both sovereignty and allegiance; and, therefore, hisnies, by 
majesty's American subjects, who acknowledge them- of e ^° s ° ny 
selves bound by the ties of allegiance, have an equita- B _ a y- Feb « 
ble claim to the full enjoyment of the fundamental rules 
of the British constitution. That it is an essential, 
unalterable right in nature, ingrafted into the British 
constitution as a fundamental law, and ever held sacred 
and irrevocable, by the subjects within the realm, that 
what a man hath honestly acquired is absolutely his 
own, which he may freely give, but which cannot be 
taken from him without his consent ; that the Ameri- 
can subjects may therefore, exclusive of any considera- 
tion of charter rights, with a decent firmness, adapted tiona| ltU " 
to the character of freemen and subjects, assert this ri s h ts of 
natural and constitutional right. ni es . 

"It is, moreover, their humble opinion, which they 
express with the greatest deference to the wisdom of 
parliament, that the acts made there, imposing duties 
on the people of this province, with the sole and express 
purpose of raising a revenue, are infringements of Infringed 
their natural and constitutional rights ; because, as they m^nt" "*" 
are not represented in the British parliament, his maj- 
esty's commons in Britain, by those acts, grant their 
property without their consent. 

" This House are further of the opinion, that their Colonial 
constituents, considering their local circumstances, can- r ?P re . senta - 

° ' tion in 

not by any possibility be represented in the parliament ; parliament 
and that it will forever be impracticable that they im P° ssible - 
should be equally represented there, and consequently 
not at all, being separated by an ocean of a thousand 
leagues ; that his majesty's royal predecessors, for this 
reason, were graciously pleased to form a subordinate Partta- 
legislative here, that their subjects might enjoy the in-tSation 
alienable right of a representation. Also, that consid- P refcrable - 
ering the utter impracticability of their ever being 
fully and equally represented in parliament, and the 



432 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes or the revolution. 

Circular great expense that must unavoidably attend even a par- 
th«?coio- t0 tial re P resentation there, this house think, that a taxa- 
bies by the tion of their constituents, even without their consent 
Mass.' Bay, grievous as it is, would be preferable to any representa- 
Feb. 1768. ^ Qn ^ iat C01l id De admitted for them there. 

" Upon these principles, and also considering- that 
were the right in parliament ever so clear, yet, for ob- 
vious reasons, it would be beyond the rule of equity 
Commer- that their constituents should be taxed on the manufac- 
tionhi^* tures of Great Britain here, in addition to the duties 
equitable, they pay for them in England, and other advantages 
arising to Great Britain from the acts of trade, this 
house have preferred a humble, dutiful, and loyal 
petition to our most gracious sovereign ; and made 
such representations to his majesty's ministers as they 
apprehend would tend to obtain redress. They have 
also submitted to his consideration, whether any people 
Interfer- can be said to enjoy any degree of freedom, if the crown, 
enceof thej n addition to its undoubted authority of constituting 

crown with J ° 

their gov- a governor, should appoint him such a stipend as it 
ernmeut. g ] ia || judge proper, without the consent of the people, 
and at their expense ? And ivhether while the judges 
of the land, and other civil officers, hold not their com- 
missions during good behavior, their having salaries 
appointed for them by the crown, independent of the 
people, hath not a tendency to subvert the principles 
of equity, and endanger the happiness and security of 
the subject ? In addition to these measures the House 
have written a letter to their agent, Mr. de Berdt, 
the sentiments of which he is directed to lay before 
Hardships ^he ministry ; wherein they take notice of the hard- 
of the mu- ships of the act for preventing mutiny and desertion, 
which requires the governor and council to provide 
enumerated articles for the king's marching troops 
and the people to pay the expense : And also the com- 
Commis- mission of the gentlemen appointed commissioners of 
eioners of fl ie customs to reside in America, which authorizes 

customs. . . . _ 

them to make as many appointments as they think fit, 



THE UNITED STATES OF AMERICA. 433 

THE COMMERCIAL SYS'l'JSM OF TAXATION. PART III. 

and to pay the appointees what sums they please, for circular 
whose mal-conduct they are not accountable ; from addre ? s on 

, American 

whence it may happen that officers of the crown may affairs, by 
be multiplied to such a degree as to become dangerous o^mTss 0117 
to the liberties of the people,. by virtue of a commis- Ba y> Feb - 
sion which doth not appear to this House to derive any 
such advantages to trade as many have been led to 
expect. 

" These cure the sentiments and procedure of this Misrepre- 
House, and as they have too much reason to believe that to n t ^ e lons 
the enemies of the colonies have represented them to his crown and 
majesty's ministers and the parliament as factious, dis- me nt. 
loyal, and having a disposition to make themselves in- 
dependent of the mother country, they have taken oc- 
casion, in the most humble terms, to assure his majesty 
and his ministers, with regard to the people of this 
province, and they doubt not of all the colonies, the 
charge is unjust. The House is fully satisfied that 
your assembly is too generous and enlarged in senti- 
ment to believe that this letter proceeds from an ambi- Spirit and 
tion of taking the lead, or dictating to the other as- d ^^ of 
semblies. They freely submit their opinion to the dress, 
judgment of others, and shall take it kind in your 
House to point out to them anything further that may 
be thought necessary. 

"This House cannot conclude without expressing 
their firm confidence in the king, our common head and 
father, that the united and dutiful supplications of his 
distressed American subjects will meet with his royal 
and favorable acceptance. 

"Province of Massachusetts Bay, Feb. 11, 1768." 



The effect of this circular address was, to produce a its effect, 
general union of the colonies in suspending the im- 
portation and use of all fabrics of British manufacture. 
The motto of their associations was the expressive 
sentiment, thenceforth sacred to all true Americans, 
United we conquer, divided we die. This constitu- 
28 



434 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

General tional mode of opposition to the measures of the min- 
the coio- * str y came to be P rett y generally adopted in the north- 
nies in em and more commercial colonies, till at length it ex- 
terior 1 ^' tended not only to British manufactures, but to the 
1768-69. importation of all articles subject to taxation. In ac- 
cordance with it such goods, on their arrival in this 
country, were at once reshipped to England. 

In referring to these measures, in a letter addressed 
from Mount Vernon to Mr. George Mason while 
they were yet in active progress, Washington thus 
expresses himself: — " At a time, when our lordly mas- 
ters in Great Britain will be satisfied with nothing less 
than the deprivation of American freedom, it seems 
highly necessary that something should be done to 
avert the stroke, and maintain the liberty which we 
have derived from our ancestors. But the manner of 
Washing- doing it, to answer the purpose effectually, is the point 

ton on the . . 

times, and 1H question. 

measures "That no man should scruple, or hesitate a moment, 

of resist- /.iii 

ance, to use arms in defence of so valuable a blessing, is 
^g" 1 ' clearly my opinion. Yet arms, I would beg leave to 
add, should be the last resource, the dernier resort. 
"We have already, it is said, proved the inefficacy of 
addresses to the throne, and remonstrances to parlia- 
ment. How far, then, their attention to our rights and 
privileges is to be awakened or alarmed, by starving 
their trade and manufactures, remains to be tried. The 
northern colonies, it appears, are endeavoring to adopt 
this scheme. 

" In my opinion it is a good one, and must be attended 
with salutary effects, provided it can be carried pretty 
generally into execution. But to what extent it is 
practicable to do so, I will not take upon me to deter- 
mine. That there will be a difficulty attending the 
execution of it everywhere, from clashing interests, and 
selfish, designing men, ever attentive to their own gain, 
and watchful of every turn that can assist their lucra- 
tive views, cannot be denied; and in the tobacco colo- 



, . THE UNITED STATES OF AMERICA. 435 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

nies, Avhcre the trade is so diffused, and in a manner General 
wholly conducted by factors for their principals at home t j, e co i _ 
Cin England.) these difficulties are certainly enhanced, nies . in 

v ° ' y s J # non-unpor- 

but I think not insurmountably increased, if the gen-tation, 
tlemen in their several counties will be at some pains ' ' 
to explain matters to the people, and stimulate them to 
cordial agreements to purchase none but certain enu- 
merated articles, out of any of the stores, after a defi- 
nite period, and neither import nor purchase any them- 
selves. This, if it should not effectually withdraw the 
factors from their importations, would at least make 
them extremely cautious in doing it, as the prohibited 
goods could be vended to none but the non-associators, 
or those who would pay no regard to their association ; 
both of whom ought to be stigmatized, and made the 
objects of public reproach. 

"The more I consider a scheme of this sort, the more Washing- 
ardently I wish success to it, because I think there are t^e-Tand 6 
private as well as public advantages to result from it, measures 
the former certain, however precarious the other may auce> i^g, 
prove. In respect to the latter, I have always thought, 
that by virtue of the same power which assumes the 
right of taxation, the parliament may attempt at least 
to restrain our manufactures, especially those of a pub- 
lic nature, the same equity and justice prevailing in the Pariia- 
one case as in the other, it being no greater hardship Nation 
to forbid my manufacturing, than it is to brder me to 
buy goods loaded with duties for the express purpose 
of raising a revenue. But as a measure of this sort 
would be an additional exertion of arbitrary power, we 
cannot be placed in a worse condition, I think, by put- 
ting it to the test. 

"On the other hand, that the colonies are consider- 
ably indebted to Great Britain, is a truth universally 
acknowledged. That many families are reduced almost, 
if not quite, to penury and want by the low ebb of their 
fortunes, and that estates are daily selling for the dis- 
charge of debts, the public papers furnish too many 



436 THE GOVERNMENTAL HISTORY OF 

PART III. ORIGIN AND C4USF.S OF THE REVOLUTION. 

General melancholy proofs.' That a scheme of this sort will con- 
"ieToio- tribute, more effectually than any other that can be 
niea in devised, to extricate the country from the distress it at 

non-impor- . T j_/»iit •»' ■ 

ti'tion, present labours under, 1 most nrmly believe, ll it can 

1708-09. i^ g Cuer ally adopted. And I can see but one class of 

people, the merchants excepted, who will not, or ought 

not, to wish well to the scheme, namely, they who live 

genteelly and hospitably on clear estates. Such as 

* Washing- those* were they not to consider the valuable object in 

t lis class, view, and the good of others, might think it hard to be 

curtailed in their living and- enjoyments. As to the 

penurious man, he would thereby save his money and 

his credit, having the best plea for doing that, which 

before, perhaps, he had the most violent straggles to 

Washing- refrain from doing. The extravagant and expensive 

times'anci 3 nian has the same good plea to retrench his expenses. 

measures g e wou id be furnished with a pretext to live within 

of resist- 

ance, 1769. bounds, and embrace it. Prudence dictated economy 
before, but his resolution was too weak to put it in 
practice. 'For how can I,' says he, 'who have lived 
in such and such a manner, change my method ? I am 
ashamed to do it, and, besides, such an alteration in the 
system of my living will create suspicions of the decay 
of my fortune, and such a thought the world must not 
harbour.' He continues his course, till at last his 
estate comes to an end, a sale of it being the conse- 
quence of his perseverance in error. And in respect 
to the needy man, he is only left in the same situation 
he was found in, better, I may say, because, as he 
judges from comparison, his condition is amended in 
proportion as it approaches nearer to those above him. 

He com- "Upon the whole, therefore, I think the scheme a 

MhemVof g° od one > and tlmt ft 0U S nt to be tried liere > witn SUCU 

non-impor- alterations as our circumstances render absolutely 
necessary. But in what manner to begin the work, is 
a matter worthy of consideration. Whether it can be 
attempted with propriety or efficacy, further than a 
communication of sentiments to one another, before 



THE UNITED STATES OP AMERICA. 437 

THE COMMERCIAL SYSTEM OF TAXATICN PART III. 

May, when the Court and Assembly will meet at Wil- General 
liamsburg, and a uniform plan can be concerted, and the colo . 
sent into the different counties to operate at the same uies | n 

. , non-impor- 

time and in the same manner everywhere, is a thing tation, 
upon which I am somewhat in doubt ; and I should be 1768_69 - 
glad to know your opinion. I am, &c."* 

This letter was addressed to one of the most distin- 
guished and leading men of the colony of Virginia. 
The correspondence is an exceedingly interesting and 
important one, as showing the condition of affairs in 
America, and the opinions of the best minds in the 
country respecting them. Mr. Mason replied, on the 
same day, as follows : " I entirely agree with you, that Opinion of 
no regular plan of the sort proposed can be entered Mason 6 in 
into here, before the meeting of the General Court at reply to 
least, if not of the Assembly. In the mean time it may t0 n 1769. 
be necessary to publish something preparatory to it in 
our gazettes, to warn the people of the impending dan- 
ger, and induce them the more readily and cheerfully 
to concur in the proper measures to avert it ; and some- 
thing of this sort I had begun, but am luckily stopped 
by a disorder which affects my head and eyes. As soon 
as I am able, I shall resume it, and then write you 
more fully or endeavor to see you. In the mean time 
pray commit to writing such points as may occur. 

" Our all is at stake, and the little conveniences and 
comforts of life, when set in competition with our lib- 
erty, ought to be rejected, not with reluctance, but with 
pleasure. Yet it is plain that in the tobacco colonies, 
we cannot, at present, confine our importations within 
such narrow bounds, as the northern colonies. A plan 
of this kind, to be practicable, must be adapted to our 
circumstances; for if not steadily executed, it better 
have remained unattempted. We may retrench all*2Sparks' 
manner of superfluities, finery of all descriptions, and J™°^_ 
confine ourselves to linens, woollens, <fcc, not exceed- ington. 
ing a certain price. It is amazing how much this prac- 
tice, if adopted in all the colonies, would lessen the 



438 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

General American imports, and distress the various traders and 

the colo- manufacturers in Great Britain. 

niesin "This would awaken their attention. They would 

non-impor- f . * 

tation, see, they would feel, the oppressions we groan under, 
1768-69. an( j exer £ themselves to procure us redress. This once 
obtained, we should no longer discontinue our impor- 
tations, confining ourselves still not- to import any arti- 
cle that should hereafter be taxed by act of parliament 
for raising a revenue in America ; for however singular 
I may be in my opinion I am thoroughly convinced, 
that, justice and harmony happily restored, it is not the 
interest of these colonies to refuse British manufactures. 
Our supplying our mother country with gross materials, 
Opinion of and taking her manufactures in return, is the true 

George "*"■ 

Mason, in chain of connexion between us. These are the bands 
w Pl ' V h' t0 "- w ^ ncn J if n °t broken by oppression, must long hold us 
ton, 1769. together, by maintaining a constant reciprocation of 
interest. Proper caution should, therefore, be used in 
drawing up the proposed plan of association. It may 
Non-ex- ^ot be unwise to let the ministry understand, that, until 
portation ^ e obtain a redress of grievances, we will withhold from 

suggested, ° ? 

as an addi- them our commodities, and particularly refrain from 
taUatory ma ^ m c tobacco ; by which the revenue would lose fifty 
measure, times more than all their oppressions could raise here. 

" Had the hint, which I have given with regard to 
the taxation of goods imported into America, been 

* 2 Spark's 

writings thought of by our merchants before the repeal of the 
of Wash- gtamn Act, the late American revenue acts would pro- 

mgton, r 7 

note. bably never have been attempted. 

The assembly of Virginia met in the month of May, 
and passed a series of very strong resolutions touching 
the rights of the colonies. This so alarmed governor 
Botetourt, then but recently arrived in the colony, 
that he dissolved the assembly. The burgesses, imme- 
diately after their dispersion from the public hall, re-as- 

ings in " sembled at a private house in Williamsburg, appointed 

Virginia a moderator, and assented unanimously to a non-impor- 
May, 1769. ' , . , , ' \ 

tation agreement, which was signed by every member 



THE UNITED STATES OF AMERICA. 439 

. THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

present, and circulated for signatures throughout the 
colony. 

These articles of association, as they were "called, Order for 
were drafted by Mr. Mason, and by him entrusted to s^quputiy 
Washington, who was then a member of the house of sent t0 

a -iT'-i-i! t-i London by 

burgesses and procured their adoption by the assembly. Mr. Mason. 

They embodied substantially the views and plans set 
forth in the foregoing correspondence between them. 
In writing afterwards to London, for supplies for his 
plantation, Mr. Mason says to his correspondent — 
" You will perceive, in looking over the several invoices, 
that some of the goods there required, are upon condi- 
tion that the act of parliament imposing a duty on tea, 
paper, etc., for the purpose of raising a revenue in 
America, is totally repealed: and I beg the favor of 
you to be governed strictly thereby, as it will not be in 

my power to receive any articles contrary to our non- 

* . * 9 Spark's 

importation agreement, which I have subscribed, and w ritm°-sof 

shall religiously adhere to, and should if it were, as I Wasidng- 

, n • , • , , , ,. L • . -,-,*, ton > note - 

could wish it to be, ten times as strict. * 

This system of retaliation and resistance, as we have 
observed, was adopted by the northern colonies soon 
after the passage of the duty act was known in 
America, and had already produced great excitement 
and alarm among the traders and merchants in Eng- 
land. The plan being also adopted in the southern Lord Hffla- 
colonies, after the example of Virginia, only added to circular 1 ' 8 
the disastrous consequences. Before the proceedings letter to 
in Virginia were known in England, however, and n i es , May 
while such was the aspect of affairs in America, Lord 13 ' 1769, 
Hillsborough, the then secretary of state for the colo- 
nies, prepared his celebrated public circular letter, a 
copy of which he inclosed to governor Botetourt, in 
which he said — 

"I can take upon me to assure you, notwithstanding Private let- 
insinuations to the contrary from men with factious and * er t0 GoT - 

-..,. . . Botetourt 

seditious views, that his majesty's present administra- of Va. 
tion have at no time entertained a design to propose to 



440 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 



Lord Hills- parliament to lay any further taxes upon America for the 
eireukr 1 * Impose of raising a revenue, and that it is at present 
letter, their intention to propose, the next session of parlia- 
ment, to take off the duties upon glass, paper, and col- 
Duties to ors, upon consideration of such duties having been 
off. laid contrary to the true principles of commerce. 

" These have always been, and still are, the senti- 
ments of his majesty's servants ; and by which their 
conduct in respect to America has been governed. And 
his majesty relies upon your prudence and fidelity for 
such an explanation of his measures, as may tend to 
remove the prejudices which have been excited by the 
misrepresentations of those who are enemies to the 
peace and prosperity of Great Britain and her colonies ; 
and to re-establish that mutual confidence and affection 
* l Am up 011 which the glory and safety of the British empire 
Archives, depend."* 

Governor In communicating the sentiments and assurances of 
^ ) < u t t e t " com _ this letter to the general assembly, governor Botetourt 
municates said — "It may be objected that, as his majesty's present 
assemblv. administration are not immortal, their successors may be 
inclined to attempt to undo what the present ministry 
shall have attempted to perform ; and to that objection 
I can give but this answer, that it is my firm opinion, 
that the plan I have stated to you will certainly take' 
place, and that it will never be departed from ; and so 
determined am I forever to abide by it, that I will be 
content to be declared infamous, if I do not to the 
last hour of my life, at all times, in all places, and upon 
all occasions, exert every power with which I either am, 
or ever shall be, legally invested, in order to obtain and 
maintain for the continent of America that satisfaction 
which I have been authorized to promise this day by 
the confidential servants of our gracious sovereign, 
who, to my certain knowledge, rates his honor so high, 
that he would rather part with his crown than preserve 
it by deceit." 

Such assurances, emanating from so distinguished a 



THE UNITED STATES OP AMERICA. 441 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

source, were confided in by the people of Virginia, and Effect of 
for a while produced a partial relaxation of their hos- trough's" 
tile measures. In the northern colonies the assurances circular 
contained in the circular letter of Lord Hillsborough America, 
were regarded with some degree of satisfaction, but not 
being so fully endorsed by the agents of the crown 
there, as by the governor of Virginia, they were re- 
ceived with more characteristic caution. It was not 
enough for them to be told that " it was the design 
of the ministry to propose to parliament to lay no fur- 
ther taxes upon America for the purpose of raising 
a revenue," and " to take off the duties on certain 
specified articles," while they still retained them on 
others. The right claimed by parliament to lay any The true 
tax upon them without their consent, was the basis ^ s ° s ""^. 
of their opposition to all these enactments. The idea faction, 
of retaining any part of the duties imposed was abhor- 
rent to their notions of justice, and they chose rather 
to wait the action of the ministry and of parliament, 
before they abandoned their hostile attitude. 

Meanwhile the compact of non-importation which Effect of 

they had formed, was producing its legitimate fruits of non - im por- 

•; . -,, tatl0n m 

suffering and embarrassment among the manufacturers England. 

and merchants in England, and united those classes in 
endeavoring to procure a repeal of the new duty 
act. The home-opposition thus arrayed against the 
measure was too powerful to be disregarded, while the 
proceedings in America were becoming more and more 
decidedly hostile and alarming. In March following, Repeal of 
the "proposed design" was developed by the introduc-*gJ fi* 7 7 67 
tion of a bill into parliament by Lord North, now the March, 
leader of the administration party, repealing part of 
the taxes imposed by the recent commercial act, leav- 
ing only an impost of three pence per pound upon 
tea. 

Such was the shifting and shallow policy of the gov- Reserva- 
ernment of Great Britain toward her colonies in x ^\ ™ the 
America. "Under one administration," in the Ian- 



442 THE GOVERNMENTAL HISTORY OP 



Part III. origin and causes of the revolution. 

Junius, on g ua ge of Junius, "the Stamp Act is made, under the 
adminis- second it is repealed ; under the third, in spite of all 

tration • A ' ** 

measures, experience, a new mode of taxing the colonies is in- 
vented, and a question revived which ought to have 
been buried in oblivion. In these circumstances a new 
office is established for the business of the plantations, 
and the Earl of Hillsborough called forth, at a most 
critical season, to govern America." 

The new mode of taxing the colonies here referred 
to, is that which I have denominated the commercial 
system of taxation. The new office established was 
that of Secretary of State for the colonies, in which 
Lord Hillsborough was made the incumbent. The 
repeal of the new revenue act was recommended by 
him, and made upon consideration that the former duties 
were laid contrary to the true principles of commerce. 
♦Junius' "The Earl of Hillsborough," says Junius again,* 
Letters. « wa s a man of superior capacity and knowledge. As 
for his measures, let it be remembered that he was 
called upon to conciliate and unite ; and that when he 
entered into office, the most refractory of the colonies 
were still disposed to proceed by the constitutional 
methods of petition and remonstrance. Since that 
period they have been driven into excesses little short 
of rebellion. Petitions have been hindered from reach- 
ing the throne, and the continuance of one of the 
principal assemblies rested upon an arbitrary condi- 
f The re- tion,f which, considering the temper they were in, it was 
act against impossible they should comply with ; and which would 
New York. | iave ava ji e( j no thing as to the general question, if it 
had been complied with. While we are at peace with 
other nations, our military force may, perhaps, be 
spared to support the Earl of Hillsborough's measures 
in America. "Whenever that force shall be necessarily 
withdrawn or dismissed, the dismission of such a min- 
ister will neither console us for his imprudence, nor 
remove the settled resentment of a people, who, com- 
plaining of an act of the legislature, are outraged by 



THE UNITED STATES OF AMERICA. 443 

THE REVENUE SYSTEM OF TAXATION. PART III. 

an unwarrantable stretch of prerogative ; and, support- 
ing their claims by argument, are insulted with decla- 
mation." 

But what was this so much vaunted idea of " taxa- The reser- 
tion according to the true principles of commerce " ? [^repeal 
The imposition of duties was repealed upon the articles °f the 
of paper, paints, red lead, white lead and glass, which f [767, 
were all articles of British manufacture ; and continued 
upon tea alone, which was not an article of British 
growth or manufacture, but a product of commercial 
importation. This is the first practical and exclusive 
illustration we have of this distinctive principle of com- 
mercial taxation. Wherein then does it differ from 
the other ? Could the mere fact that the duty is laid 
upon a product of trade make it any more constitu- 
tionally proper to exact it without the consent of the 
colonies ? It was indeed aptly characterized by Sir 
Edmund Burke,* as "a tax of sophistry, a tax of ped- * 1 Burke'a 
antry, a tax of disputation, a tax of war and rebellion, 
a tax for anything but benefit to the imposers, or satis- 
faction to the subject." 

Such, however, was the limit to the repeal, and such First effect 
the reservation' upon which the right of parliamentary peal in re 
taxation was still upheld. The first effect of the repeal A '" eric l a » 
in America, was to revive the commercial intercourse 
between the two countries in all the other articles 
specified, except tea. This article still came within 
the restrictions of their compact of non-importation, 
and continued to be with them a contraband. Mean- 
while their trade with the mother country was exten- 
sively renewed, quiet was to a great extent restored, 
while the principles of constitutional liberty were more 
dispassionately considered by all parties in America. 
The people became* more generally informed of their 
rights, and the colonies began to understand their true Growth of 
position and relations with the parent state. A careful a more , 

f x , general 

investigation of their foreign relations discovered to dissatisfac- 
them the injustice of many parliamentary restrictions* 1011 ' 



444 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



The re- 
served 
duty of 3d 
per lb. on 
tea. 



* Winter- 
botham, 
Burke, 
Bissett. 



Opposition 
to it in 
Mass. Bay. 



The bond 
of union 
between 
the two 
countries. 



to which they had hitherto submitted without com- 
plaint, while they found that, as a people, they had 
contributed, and were now annually contributing, 
more towards the support of the government and the 
people of England, than her own home-resident sub- 
jects.* They therefore watched with a more inquis- 
itive anxiety tlie operations of the British cabinet. 
Under these circumstances it required a prudent and 
cautious administration of colonial affairs to preserve 
the conciliatory spirit which prevailed in America upon 
the repealing act. Had such been the real character 
of the measures adopted, the discontent and dissatis- 
faction which had heretofore involved them in so rude 
a controversy with the parent state might entirely, and 
perhaps forever, have subsided. Though the people 
were generally opposed to the tea duties, yet the article 
continued to circulate in the commercial market of the 
southern and middle colonies, and was gradually work- 
ing its way into Pennsylvania, New York, and NeAv 
England, except only in Massachusetts Bay. Here, 
indeed, was the last lingering sentiment of opposition 
to this miserable remnant of the revenue policy, this 
vaunted commercial system of taxation, the duty of 
three-pence per pound upon tea. 

In Massachusetts Bay concentered all the activity and 
enterprise of the New England merchants. Her com- 
mercial marine was floating in nearly all the ports of 
America and the mother country ; and her trade alone 
constituted much of the riches of the colonies, and the 
revenues of England. . 

Mr. George Mason well remarked, in his letter to 
Washington, in speaking of the commerce between the 
two countries, that "it was the true chain of connec- 
tion and bond of union between .them, which, if not 
broken by oppression, must long* hold them together." 
It was so. In all the essentials of free governments 
and free institutions, the colonies were even now inde- 
pendent of the mother country, and were kept in their 



THE UNITED STATES OF AMERICA. 445 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

allegiance to her sovereignty by only two bonds ; the The integ- 
one was a fraternal and political, the other a commercial "*^ ei J he 
affinity. The former was in no danger of being nip- cial bond, 

,,.,,, i ••"••• i - m. the guar- 

tnred while the latter was preserved m its integrity. antee of 
Hence in the regulation of the latter lay the source stability to 

° J . the parent 

and strength of that power which was to continue or state. 
terminate the former. Thus the commercial system 
of taxation under which the revenue policy of the ad- 
ministration had now sheltered itself, became the inev- 
itable cause of the separation of her American colonies The tea 
from the sovereignty of Great Britain. The principle JJ? m B 
of taxation embodied in the simple duty of three-pence 1770-73. 
per pound upon tea, firmly and to the last resisted by 
the colony of Massachusetts Bay, involved the admin- 
istration in a train of legislative shifts and contrivan- 
ces, the results of which could not be otherwise than 
disastrous. 

A period, however, of nearly two years of compar- General as- 
ative tranquillity intervened upon this repeal, and any ]? e . ct ? f ^' 
further ministerial measures to carry out this new sys- colonies, 
tern of commercial taxation. In America no serious ' 
disturbances had taken place, except from occasional 
stretches of the kingly prerogatives, which were local 
in their operation, being mostly confined to the colony 
of Massachusetts Bay, where they met with a success- 
ful resistance without becoming matter of more gen- 
eral interest. Yet we find even these grievances here- 
after enumerated in the catalogue of oppressions which 
inflamed the resentments of the people, and fired their 
opposition to other more general and more flagrant 
infringements of their liberties. They were but the 
accumulating links in the great chain of causes which 
were all along uniting the colonies in sympathy, inter- 
est, and fraternity, and preparing them for that inde- 
pendence which was sure to be their destiny whether 
they courted it or not. 

The duty of three-pence per pound upon tea was 
still operative, and yet the manner in which the article 



446 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The East was introduced into the ports of America was not re- 
mny a cm™*S ar ded as particularly oppressive, though the justice 
powered of the principle upon which the tax was claimed had 
teas'lnto n °t been conceded. It needed, nevertheless, but little 
A . merica to revive the controversy in all its activity throughout 
paying du- the length and breadth of the land. This little was 
kn^May " soon finished by the ministry of Great Britain, in a 
1773. bill providing for "An act to allow a drawback of 
duties on the exportation of tea to any of his majesty's 
colonies or plantations in America; to increase the 
deposit on Bohea tea to be sold at the East India Com- 
pany's sales rooms ; and to empower the commissioners 
of the treasury to grant licenses to the East India 
* l Amer- Company to import it into England duty free,"* whence 
cMves 21. ** was ex po f ted to America. " The promulgation of this 
scheme, whereby heavy penalties were provided for 
enforcing the collection of the duty in the colonies, 
was the parent of that lasting discord which termina- 
ted only in their severance from all dependence on the 
crown of England. 
Arrival of Under the provisions of this act, immense quantities 
pany's teas of tea were stored by the company in London, to be 
Nov^m whence sent to America. A cargo destined for the 
port of Boston in Massachusetts Bay, was shipped in 
the fall of the same year ; advices of the shipment of 
which had been previously transmitted to the con- 
signees of the company, and rumored among the peo- 
ple. On the arrival of the vessels containing it, while 
A town they were yet entering the harbor, a town meeting was 
JXJaS held, and a committee was appointed to wait on the 
relation to consignees of the shipment, and persuade them to give 
the captains the proper discharges and send the teas 
back to England, which they declined doing. At a 
subsequent meeting, held in Fanueil Hall, on receiv- 
Motion i n g the report of this committee, a resolution was 
tea. shall moved " that the tea should not be landed, that no 
not be duty should be paid, and that it should be sent back in 

landed. J .* 

the same bottoms. 



THE UNITED STATES OP AMERICA. 447 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

While this motion was pending, Mr. Quincy arose Speech of 
and addressed the meeting in a strain of eloquence ^ n r " t £ mncy 
truly thrilling and prophetic. "It is not," said he, motion. 
" Mr. Moderator, it is not the spirit which vapours in 
these walls that must stand us instead. The exertions 
of this day will call forth events which will make a 
very different spirit necessary for our salvation. Who- 
ever supposes that shouts and hosannas will terminate 
the trials of the day, entertains a childish fancy. We 
must be grossly ignorant of the importance and value 
of the prize for which we contend, we must be equally 
ignorant of the power of those who have combined 
against us ; we must be blind to that malice, invete- 
racy, and insatiable revenge, which actuate our ene- 
mies, public and private, abroad and in our bosoms, to 
hope that we shall end this controversy without the 
sharpest conflicts. It is idle to flatter ourselves that 
popular resolves, popular harangues, popular acclama- 
tions, and popular vapour, will vanquish our foes. Let 
us consider the issue, let us look to the end. Let us 
weigh and consider, before we advance to those meas- 
ures which must bring on the most trying and terrible 
struggle this country ever saw." 

This brief address shows how deeply, and how seri- Motion 
ously, the ruling spirits of that day had revolved the^™J 
aspect of affairs throughout the country. The motion landing the 
was put, after Mr. Quincy sat down, and the resolution 
passed without a dissenting voice. 

The consignees of the cargo of teas having declined Negotia- 
to procure a discharge of the vessels, the committee 4]°"^!. 
appointed for that purpose, called on Mr. Hoche, the signees to 

i . t i ; , -, , re-ship to 

owner, and required him to demand at the custom- England, 
house a clearance for England, which he did on the fif- 1 ' 7 ' 73 - 
teenth of December, but the collector and comptroller 
refused to grant it. He was then required to procure 
a permit from the Naval Officer to pass the castle ; 
which being refused he was sent to Governor Hutch- 
inson to obtain a permit from him, which the gov- 



448 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of toe revolution. i 

Destruc- ernor informed him he could not give unless lie first 
^st i„di a e procured a regular clearance from the custom-house. 
Co's ship. jyxr. Roche thereupon reported to the meeting; the 

mentt0 • A± + 1 *■ U * A 

Boston, same evening. At the same time it was reported 
Dec. Hid. |.} ia £ £ ne governor and consignees intended to land the 
teas privately. Whereupon numbers of the people 
shouted " a mob ! a mob ! " The crowd then left the 
hall, and repaired to the wharves, where three of the 
vessels lay aground. A large concourse of citizens also 
repaired to the spot. Meanwhile several persons, hab- 
ited in the guise of Mohawk Indians, went on board 
of the ships, and in about two hours discharged the 
*See whole cargo, consisting of three hundred and forty 
son's Let- cnes ^s of tea, into the sea. "Many persons of consid- 
ter, vol. i, eration in the town of Boston, took the lead," says 
Archives. Hutchinson, "in the proceedings of this meeting."* 
Shipments The shipments of the East India Company to New 
York, etc. York and Philadelphia, were not permitted to be 
landed. Those to Charleston, and other ports in the 
colony of South Carolina, were landed but not allowed 
to be sold ; they were stored in damp places where they 
became damaged and were lost to the company. 
Massacini- The province of Massachusetts Bay, however, was the 
th" 8 t of S Tea -t emporium of commerce in the colonies, and the 
the con- resistance offered in her ports, and particularly in Bos- 
parlk- ton, to the importations of the East India Company, 
ment. under the late act, assumed a more violent character 
than elsewhere, and the enactments of parliament were 
now more directly aimed at her subjugation. In reply 
to a speech made to her assembly by the governor, the 
SonoMier Council of State declared, that " they are of opinion 
state coun- tj iat t j ie Parliament cannot, constitutionally, levy taxes, 
in any form, on his majesty's subjects in this province." 
Of her The House of Representatives at the same time declared, 
represent- " if there has been, in any late instances, a submission to 
atives. ac ^ s f parliament, it has been, in the opinion of this 
house, rather from inconsideration, or reluctance at the 
idea of contending with the parent state, than from a con- 



THE UNITED STATES OF AMERICA. 449 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

viction, or acknowledgment, of the supreme legisla- The com- 
tive authority of parliament." nnttee of 

■* . * correspon- 

" The committee of correspondence in this province," dence. 
says the governor, writing to the Earl of Dartmouth, _ 
on the fourth of the month, " appear to have used 
their utmost endeavors to work up the minds of the 
people, not only of their own, but also of the southern 
governments, to prevent the importation of teas from 
the East India Company ; and accordingly on the third 
of November, 1773, a mob of about five hundred per- Governor 
sons committed several outrageous acts of violence J^on 
against the persons to whom it was expected the tea" theB os- 
in question would be consigned, insisting that they rao - e) " 
should engage and promise not to receive or sell it ; l ^ s - 
that if they did they would be voted enemies to their * * Ameri- 
country, and must expect to be treated as such there- chives. 
after."* 



On the fourth of March following, the Earl of Dart- Proceed- 
mouth informed the House of Lords " that his majesty pariia- 
had given directions that certain papers received from ^ ent ' - 
America, relating to the disturbances there, with regard Lords, 
to the importation of tea, should be laid before the ' 
House ; and that the same would be delivered on Mon- 
day then next." At the same time" he informed them 
that he had a message from his majesty, under his 
royal sign manual, which his majesty had commanded 
him to deliver to the House ; which was accordingly 
read by the Lord Chancellor as follows, viz. — 
" George R. 

"His majesty, upon information of the unwarrantable Messageof 

..,.,,,,,, the king to 

practices which have been lately concerted and carried pariia- 
on in North America, and particularly of the violent ™ffi 
and outrageous proceedings at the town of Boston, in 
the province of Massachusetts Bay, with a view of 
obstructing the commerce of this kingdom ; and upon 
grounds and pretences immediately subversive of the 
constitution thereof, have thought fit to lay the whole 
29 



450 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Proceed- matter before his two Houses of Parliament, fully con- 
iiament Par " n(H11 g as we ^ m their zeal for the maintenance of his 
17Y4. majesty's authority, as in their attachment to the com- 
mon interest and welfare of all his dominions, that they 
will not only enable his majesty effectually to take such 
measures as may be most likely to put an immediate 
stop to the present disorders, but will also take into 
their most serious consideration what further regula- 
tions and permanent provisions may be necessary to be 
established, for better securing the execution of the 
laws, and the just dependence of the colonies upon the 
crown and parliament of Great Britain. G. R." 

In the Copies of the same message and papers, were also 

Commons ■ presented by Lord North to the House of Commons on 
vote of the seventh day of the same month. Whereupon a 

thanks to J . . r 

the king, vote of thanks was proposed to his majesty for his mes- 
sage and the accompanying documents, containing 
assurances that " the House would not fail to exert 
every means in their power, in effectually providing for 
objects so important to the general welfare, as main- 
taining the due execution of the laws, and securing 
the just dependence of his majesty's colonies upon the 
crown and parliament of Great Britain." 

Debate in This motion was debated with considerable warmth 

the House . 

of Com- and spirit, setting forth the great necessity which ex- 
mons ' isted " for vindicating the controling right of the Brit- 
ish legislature over the colonies." Reference was made 
by the ministry, to the condition of affairs in the pro- 
vince of Massachusetts Bay, and it was urged " that all 
the powers of government in that province were found 
insufficient to prevent the most violent outrages. That 
the loyal and peaceable people of a mercantile town (as 
they affected to be peculiarly considered) had given a 
"The Bos- noble proof to the world, of their justice, moderation, 
ton out- loyalty, and affection for the mother country, by wan- 
excusable tonly committing to the waves a valuable commodity, 
fibi?" the property of another loyal mercantile body of sub- 



THE UNITED STATES OP AMERICA. 451 

THE COMMERCIAL SYSTEM OF TAXATION. PAUT III. 

jects, without the pretense of necessity, even supposing Proceed- 
that their opposition to the payment of the duties could House of 
justify such -a plea, as they had nothing to do but to Commons 
adhere to their own resolutions of non-consumption, Boston 
effectually to evade the revenue laws."* March 6 ' 

It was also further urged, u that no person employed 1774. 
by government, could in any act, however common or 
legal, fulfill the duties of his office or station in America, 
without its being immediately exclaimed against by the 
licentious, as an infringement of their liberties ; that 
it was the settled opinion of some of the wisest men, 
both in England and America, and the best acquainted 
with the affairs of the colonies, that in their present 
state of government, no measures whatsoever could be 
pursued that would, in any degree, remedy those glar- 
ing evils, which were every day growing to a more 
enormous and dangerous height. That parliament, Supremacy 
and parliament only, were capable of re-establishine; of P a ? ua -j 

r j J ' r ° ment m- 

tranquillity among those turbulent people, and of bring- sisted 
ing order out of confusion. And that it was therefore upon ' 
incumbent on every member to weigh and consider, 
with an intention suitable to the great importance of 
the subject, the purport of the papers before them, and 
totally laying all prejudices aside, to form his opinion 
upon the measures most eligible to be pursued, for sup- 
porting the supreme legislative authority, the dignity of 
Parliament, and the great interests of the British 
Empire."* 

Such was the language of the ministerial party on 
presentation of the colonial budget to parliament. Be- 
sides this, in order to enlist the sympathies of the mer- 
cantile community in their measures, " all the public 
papers were systematically filled with writings on the 
subject, referring to the misconduct of the colonies in 
the strongest colours, and, in particular, arguing the 
impossibility of the future existence of any trade to * 1 Ameri- 
America, if this flagrant outrage on commerce should go chTyeV" 
unpunished."* 



452 THE GOVEKNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Motion for Thus the ministry succeeded in raising a powerful 
to the king spirit of indignation against the American people both 
m the within and out of parliament ; and thus matters stood 
Commons, in parliament, and before the people of England, while 
1 74, the proposed motion for an address to the king was 
under discussion, was agreed to, and directed to be 
presented to his majesty by such members of the house 
as were of his privy council. 
Subse- After the passage of this motion, the message of his 

ceedin^s. majesty and the papers accompanying it, being under 
Speech of consideration, Lord North rose, and after remarking at 
North. some length upon the disturbances in Massachusetts 
Bay, and in the colonies generally, he observed "That 
Boston had been the ringleader in all riots, and had, at 
all times, shown a desire of seeing the execution of 
the laws of Great Britain attempted in vain, in the 
colony of Massachusetts Bay. That the act of the mob 
in destroying the tea, and other proceedings, belonged 
to the act of the public meeting, and that though other 
colonies were peaceable and well inclined towards the 
trade of this country, and the tea would have been 
landed at New York without any opposition, yet when 
the news came from Boston that the tea was destroyed, 
governor Tryon, from the advice of the people, thought 
that, the face of things being changed since that ac- 
count was sent, it would be more prudent to send the 
tea back to England, than to risk the landing of it. 
His lordship observed further, that Boston alone was 
Boston to to blame, for having set this example, therefore Boston 
be made an ought to be the principal object of our attention for 
of. punishment. 

Spirit of His Lordship further observed, — " that at Boston we 

STn *" were considered as two independent states ; but we 

Boston to vcrc 110 i 011ger to dispute between legislation and taxa- 

down. tion ; we were now to consider only whether or not 

we have any authority there ; that it is very clear we 

have none, if we suffer the property of our subjects to 

be destroyed. He hoped all would agree with him, 



THE UNITED STATES OP AMERICA. 453 

THE COMMERCIAL SYSTEM OF TAXATION. PaKT III. 

both peers, members, and merchants, to proceed unan-Lord 
imously to punish such parts of America as denied the | J0ses t0 
authority of this country. We must punish, control, close * he 
or yield to them," said he ; " and I therefore move that Boston, 
leave be given to bring in a bill for the immediate re- 1 ^ 4, 
moval of the officers concerned in the collection and 
management of his majesty's duties and customs from 
the town of Boston, in the province of Massachusetts 
Bay, in North America ; and to discontinue the land- 
ing and discharging, lading and shipping of goods, 
wares, and merchandise, at the said town of Boston, 
or within the harbour thereof." 

This proposition was received with perfect silence, The propo- 
which lasted for several minutes after Lord North re- Slt10 ?. how 

received. 

sumed his seat. Mr. Grosvenor then got up to second 
the motion, and condemned very much the proceedings 
of Boston, and said they were all entirely owing to the 
repeal of the Stamp Act. 

Governor Johnstone desired to know, if it was to be Debate 
left to the crown to say to what part of America the upon - 
custom-house should be removed ? 

Lord North replied, that a clause was intended to be 
inserted in the bill to leave that matter to the crown. 

Mr. Dempster observed, that should an indemnifica- 
tion to the East India company take place as was to be 
proposed in the bill, by way of tax, it would be col- 
lected over America, and thereby injure the property 
of people who had been entirely innocent of this affair, 
that when he spoke formerly so much about taxation 
in general, he meant not as to the right, which we had, 
but only as to the prudence and policy of the measure. 

Mr. Sawbridge rose to speak, but being annoyed by Mr gaw . 
cries of" question, question," he sat down, saying "he brid s e °P- 
would wait till gentlemen had done coughing, and themotionand 
house had done calling for the question. That though is m . te *~ 
he could not be heard now, he should sit coolly till he 
could." The house being little silent, he rose again 
and said, " he always gave his genuine .opinion, and he 



454 THE GOVERNMENTAL HISTORY OF 



Part III. origin and causes of the revolution. 

The Bos- was now, and always had been, of the opinion, that 
bm nTos- tm s country had no right to tax America ; that it might 
ed and de- be said by some people here that America was not rep- 
thfhoise resented ; that if this country had a right to take a 
of com- single shilling out of an American's pocket, they have 
1T74.' a right to take the whole." He then sat down a 
second time, the house being noisy, and said "he 
thought though he could not be allowed to speak long, 
he could sit long ; and observed that this destruction 
of the tea was entirely done by the mob unarmed ; and 
that if a requisition was to be sent to Boston to make 
satisfaction to the India Company, he made no doubt 
it would be complied with. He said he was against 
the motion. " 
Mr. Byng. Mr. Byng said, he only meant to ask the noble Lord 
one question ; whether this measure was not prevent- 
ing the English ships from trading there, and a punish- 
ment on ourselves ? 
Mr. Rose Mr. Rose Fuller said, the bill when brought in would 
Fuller. show whether it was a punishment upon A or B ; that 
he should therefore reserve his opinion until he saw the 
bill. 
Mr. Dows- Mr. Dowsdell said, he was of opinion they were 
del1, going to do very great mischief, and should think it his 

duty to give that opinion in this early stage of the 
measure. He said, this bill was to punish the town 
of Boston ; why will you punish Boston alone ? Did not 
other towns send your tea back to England, and refuse 
the landing ? Have they committed no offence ? Was 
Opposes there any evidence of a general concurrence of the 
Boston ing inhabitants of Boston? Would the House not hear 
alone. w hat Boston had to say in defence ? Would the House 
condemn without evidence in the absence of the par- 
ties? He would trouble them no more at present. He 
thought they were going to do a wrong act. He disap- 
proved much of the bill, and should give a negative 

Mr Caven- to it# 

dish is lor . . . 

delay. Mr. Cavendish approved of the proposition, but 



THE UNITED STATES OP AMERICA. 455 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

hoped, if the merchants of England could any way be The Boston 

injured by it, that time would be given them to come pr r p0S ed 

and petition. a * d . d ^ at " 

1 • , ed in the 

Captain Phipps said, he felt no reason to imagine that House of 

any opposition to the Bill at Boston could be effectual ; ^ moas ' 
that it was no new thing to direct and order a portcapt. 
for the reception of trade in America; that harbours Pni pps. 
were in great plenty there ; that all authority had been 
trampled upon in that country for many years ; that if 
our subjects could not trade to Boston, they must go 
where they could trade with safety. He did not attri- 
bute the disturbances to the Stamp Act, or the repeal 
of it. When he was in that country, he thought that 
that act might have been put in execution; still he 
thought that the repeal might be proper. He imagined 
that one of the provisions that would be adopted by the 
house would be, to repeal the Declaratory Act, which, Proposes a 
in his opinion, was the most absurd and unconstitution- Ih^ De- 
al act ever passed. Let America alone and she will daratory 
return of herself to obedience. Do not let us search 
for trifling taxes, by way of experiment, to try our 
power; the moment they see that taxation is not for 
effectually collecting of money, but for experiment only, 
they will always oppose you. 

Lord G. Cavendish said he was not sure but the Lord Cay- 
object before the house would be prejudicial to our ^inks the 
trade. He looked to the mutual interest of the two measure 
countries, that they were united by proper measures, tirade!* 
and he hoped they would be kept so. He wished that 
no idle ideas of superiority might prevail, for that coun- 
try which is kept only by power is in danger of being 
lost every day. 

Colonel Barre said, he was urged to rise to discharge Col. Barre 
his duty in not giving a silent vote on the occasion, ^{^n e 
He could not help giving his hearty affirmative to the 
proposition before the house. He liked it, harsh as it 
was. He liked it for its moderation, and thought that 
the noble Lord (North's) conduct would be of the 



456 THE GOVERNMENTAL HISTORY OP 

PART III. ORIGIN AND CAUSES OF THE REVOLUTION. 

The Boston same stamp throughout. I think Boston ought to be 
proposed punished. She is your eldest son." (Here the house 
and debat- laughed, and some members near him observed, that 

ed in the ' 

House of he would be a proper person to direct the admission 

rm m ° nS ' °f I'' is h m embers into the house, as he had the day 

before hinted that office for Mr. Rigby.) After the 

house had laughed heartily, he said, "I mean your 

daughter. She is a noble prop. She gave herself that 

Col. Bane form of constitution she now has, cherish and support 

Boston ner - He wished to see an unanimous vote in the onset 

ought to f this business ; that when the people of Boston saw 

be pun- x * 

ished. this measure was carried by such a consent, they would 
the more readily pay the sum of money to the East 
India Company. He hoped, if they did, the crown 
would mitigate the rest of their punishment. If the 
crown went further — perhaps they could not do it un- 
* Governor less, as governor Tryon* observed, at the muzzle of 
York 6W y° ur guns. We have given the Americans limited and 
prescribed means to acquire wealth ; let the rest of the 
matter be left to themselves. He had often thought, in 
the coolest hours, that America ought not to be taxed 
by this country. Endeavor to take the power of taxa- 
tion out of their assemblies, and it will ' be strongly 
opposed ; he did not mean to stick to experimental tax- 
es; the tax of the stamp act was made to please this 
side (meaning Mr. Grenville's friends) of the House. 
Go to some great request at once, and if they wont 
comply with it, try then your power. You have been 
paying £4,000,000 for doing of nothing, only for teaz- 
ing and scratching.- I wish to see a fair decided line at 
once. I dont see any appearances of war at present. 
Thinks this Now is your time to try in a civilized manner your power 
try their t0 over * ne Americans; other of your enemies are not 
power iii a condition to take part with them. I am not in 
office that my advice can be taken, if I was, I should 
give it freely. If office comes to me, it comes as an 
atonement for repeated and unmerited affronts. I shall 



THE UNITED STATES OF AMERICA. 457 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

at all times speak the language of a free and disinter- Leave giv- 

.. en to bring 

ested member. i u the bill, 

The debate being here closed, the motion of Lord ^ a ™ h 7 > 
North for leave to bring in the bill was agreed to ; and 
Lord North, Mr. Onslow, Mr. Charles Townshend, Mr. 
Attorney general, Mr. Solicitor general, Mr. Rice, Mr. * i. Ameri- 
Cooper, and Mr. Robinson, were ordered to prepare and ca ? Ar " 
bring in the same.* 

The bill was accordingly presented to the house by 
Lord North, on the eighteenth day of March, was read 
once and ordered to be passed to a second reading on 
Monday next, to be then made the order of the day 
before the house, in Committee of the Whole. 

The debate upon it was continued, from day to day, The Boston 
up to the twenty-fifth of March, when it was read a ^ ° t rt ^ 1 ! 1 tg 
third time, and put upon its final passage. On the final pas- 
question that this bill do pass, 

Mr. Dowsdell, and others opposed the bill, on the 
ground of its general injustice, urging that the entry 
of no other goods was interrupted in Boston but 
those charged with a duty imposed by parliament. 
That this duty was in fact a tax, and that parliament 
had no right to tax America. That the resistance 
to the duty was not local, but universal from all 
America against any goods or merchandize loaded 
with taxes. 

Sir Edmund Burke said. " Observe that the disturb- Sir Ed- 
ances are general. Show me one port in all America „ U1 i d • 

& * Burke, in 

where the goods have been landed and vended ? The opposition, 
distemper is general, but the punishment is local, by 
way of exchange. Whether it will be effectual or not 
I do not know; one town in proscription, the rest in 
rebellion, can never be a remedial measure for general 
disturbances. Have you considered whether you have 
troops and ships sufficient to enforce an universal pro- 
scription to the trade of the whole continent of Amer- conse- 
ica? If you have not, the attempt is childish, and the fences to 
operation fruitless. Only, Sir, see the consequence of England. 



458 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

TheBoston blocking up one port, for instance that of Virginia 
onks final Bav '■> which, if you do, you will destroy the tobacco 
passage, trade, and thereby bring as it were a certain ruin on 

House of - -"• " 1-r,,. 

Commons, your own merchants at Glasgow and Edinburgh. There 
m4, are but two ways, Sir, to govern America; either to 
make it subservient to all your laws, or to let it govern 
itself by its own internal policy. I abhor the measure 
of taxation where it is only for quarrel, and not for a 
revenue ; a measure that is teazing and irritating with- 
out any good effect. But a revision of this question 
will one day or other come, wherein I hope to give my 
opinion." 

Lord North again spoke in favor of the bill, after 

which it passed without a division. It was then sent 

House of U p £ £j ie House of Lords, where it passed unanimously 

on the thirtieth day of the same month. 

His majes- On the next day his majesty entered the House of 

to the bill. Lords, and took his seat on the throne, adorned with 

his crown and regal ornaments, and attended by his 

officers of state, the lords being in their robes ; the 

Commons with their speaker attending: The royal 

assent was then pronounced severally, by the clerk's 

inPariia- ass i stant > to thirty-nine bills, beginning with the Bos- 

ment. ton Port Bill.* 

Title and The Bill, as passed, was entitled "An Act to discon- 
of°thebm. tinue in such manner and for such time as are therein 
mentioned, the landing and discharging, lading or ship- 
ping, of goods, wares and merchandise, at the town and 
within the harbor of Boston, in the Province of Massa- 
chusetts Bay in North America" 
Removal It provided for the removal of the general assembly 
se f mbiy a and of that colony, and the custom-house, from Boston to 
custom- g a i em . f or a fi ne to be levied upon the "town in favor 
of the East India Company, equal to the value of the 
tea destroyed ; for the blockading of the harbor by 
armed vessels, to prevent the entry or exit of ships and 
merchandise ; for the punishment of all persons, and 
the seizure and forfeiture of all vessels, carts, horses, 



THE UNITED STATES OP AMERICA. 459 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

mules, boats, carriages, and conveyances whatsoever ; Proceed- 
niade use of in shipping, unshipping, lading, removing, ™^™ 
carrying, or conveying, any such goods, wares, or mer- meut,illi. 
handise, into any port or place in Boston ; and of any 
ship moored, lying in, or hovering near said port, 
within certain prescribed limits; for the prosecution 
for such penalties and forfeitures by any admiral, chief 
commander, or commissioned officers of his majesty's 
fleet, or ships of war, and for quartering troops of 
soldiers upon the inhabitants to enforce obedience to 
the bill, and to whatever other laws and regulations of 
the crown and parliament. 

On the fifteenth day of April, following the passage House of 
of this bill, Lord North presented to the- House of Com- Common8 - 
inons — 

" A bill for the better regulating the government of 
the province of Massachusetts Bay in North America," 
which passed into a law. This was followed by 

" An Act for the impartial administration of justice 
in Massachusetts Bay, in New England." 

On the same day upon which the bill for regulating Bills for 
the government of Massachusetts Bay was introduced ^ over g mg 
by Lord North, Mr. Rose Fuller gave notice of his 
intention to move, on Tuesday then next, being the 
nineteenth day of April, for a committee on the tea 
duty, to see whether or not it was possible to repeal the Notice of a 
act laying that duty, before the bill for the better regu- ™^.^ r 
lating the government of Massachusetts Bay took tee on the 
effect. Accordingly on the nineteenth day of April he u y " . 
moved — 

" That this house will, upon this day seven-night, The mo- 
resolve itself into a committee of the whole house, to j^ ^'esfn 
take into consideration the duty of three-pence per 
pound weight upon tea, payable in all his majesty's 
dominions in America ; and also the appropriation of 
the said duty." 

He accompanied the motion with the remark, that, 
in his opinion, the Boston Port Bill and the other reg- 



460 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Motion to 
repeal the 
tea duty 
upon the 
East India 
Co.'s ship- 
ments, 
1774. 
Debate on 
the mo- 
tion. 



Sir Ed- 
mund 
Burke on 
the mo- 
tion. 



* The de- 
claratory 
act. 



The point 
in issue. 



illations, would be totally ineffectual without repealing 
the tea duty bill. He was very sure that the motion 
would be productive of great good, and that it could 
not possibly do harm. 

The motion was very violently opposed by the min- 
isterial influence in the house, and very warmly advo- 
cated by the opposition. The idea of a mercantile tax 
was treated as trifling and ridiculous, while as a matter 
of revenue it was pronounced simply absurd. 

" Could anything," said Sir Edmund Burke, in 
speaking to the motion, "be a subject of more just 
alarm to America, than to see you go out of the plain 
high road of finance, and give up your most certain 
revenues, and your clearest interest, merely for the 
sake of insulting your colonies ? No man ever doubted 
that the commodity of tea could bear an imposition of 
three-pence per pound. But no commodity will bear 
three-pence, or will bear a penny, when the general 
feelings of men are irritated, and two millions of peo- 
ple are resolved not to pay. The feelings of the colo- 
nies were formerly the feelings of Great Britain. 
Theirs were formerly the feelings of Mr. Hampden 
when called upon for the payment of twenty shillings. 
Would twenty shillings have ruined Mr. Hampden's 
fortune ? No ! but the payment of half twenty shil- 
lings, on the principle it was demanded, would have 
made him a slave. It is the weight of that preamble* 
of which you are so fond, and not the weight of the 
duty, that the Americans are unable and unwilling to 
bear. It is upon the principle of this measure, and 
nothing else, that we are at issue. It is a principle of 
political expediency. Your act of 1767 asserts that it 
is expedient to raise a revenue in America. The pre- 
amble of this act which we wish to repeal, is not decla- 
ratory of right, as some gentlemen seem to argue it, 
it is only a recital of the expediency of a certain exer- 
cise of a right, supposed already to have been asserted. 
You are therefore at this moment in the awkward sit- 



THE UNITED STATES OP AMERICA. 461 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

nation of fighting for a phantom ; a quiddity ; a thing Motion to 
that wants not only substance, but even a name; for^ e dut * e 
a thing which is neither abstract right, nor profitable House of 

T£ . . . . . . -. Commons, 

enjoyment. It your government in America is de- 1774. 
stroyed by the repeal of taxes, it is of no consequence 
upon what ideas the repeal is grounded. Repeal this 
tax too on commercial principles if you please. These 
principles will serve as well now as they did formerly. 
But is the article of tea such an object in the trade of 
, England as not to be felt, or felt but slightly, like white 
lead, and red lead, and painters' colours ? Tea is an 
object of far other importance. Tea is, perhaps, the 
most important object, taking it with its necessary con-i mp0 rt- 
nections, of any in the mighty circle of commerce. If ance of tea 

7 J ° J ; to com- 

commercial principles had been the true motives of the merce. 
repeal, or had they been at all attended to, tea would 
have been the last article we should have left taxed for 
a subject of controversy. The vent of ten millions 
of pounds of this commodity, now locked up by the 
operation of an injudicious tax, and rotting in the 
warehouses of the company, would have prevented all 
this distress, and all that series of desperate measures, 
which you thought yourselves obliged to take in conse- 
quence of it. America would have furnished that vent America a 
which no other part of the world could furnish but vent to 

i ix- n ■>• r. English 

America ; where tea is next to a necessary of life, and commerce, 
where the demand grows upon the supply. It is 
through the American trade of tea that your East 
India conquests are to be prevented from crushing you 
with their burthen. They are ponderous indeed ; and 
they must have that great country to lean upon, or 
they tumble upon your head". 

" This Revenue Act of 1767, formed the fourth period speech of 
of American policy. How we have fared since then ; Sir Ed_ 
what woeful variety of schemes have been adopted ; Burke, 
what enforcing and what repealing; what bullying andcompliea- 
what submitting; what doing and undoing; what strain- tlonsofthe 

° ° ' revenue 

ing and what relaxing ; what assemblies dissolved for policy. 



462 THE GOVEENMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Motion to not obeying, and called again without obedience ; what 
Te^duty 6 troops sent out to quell resistance and on meeting that 
House of resistance recalled ; what shiftings and changes, and 
1774. ' jumblings of all kinds of men at home, which left no 
Speech of possibility of order, consistency, vigor, or even so much 
mimd as a decent unity of colour in any one public measure. 
Burke. After all these changes and agitations your immediate 
situation upon the question on your paper is at length 
brought to this. You have an act of parliament stat- 
ing, ' that it is expedient to raise a revenue in America.' 
Results of By a partial repeal you annihilated the greatest part of 
repeai ial ^ ia * revenue which this preamble declares to be so ex- 
pedient. You have substituted no other in the place 
* Lord of it. A secretary of state* has disclaimed, in the king's 
ough's cir name, all thoughts of such a substitution in future. 
cuiar let- The principle of this disclaimer goes to what has been 
left, as well as what has been repealed. The tax which 
lingers after its companions (under a preamble declar- 
ing an American revenue expedient, and for the sole 
purpose of supporting the theory of that preamble) 
militates with the assurance authentically conveyed to 
the colonies, and is an exhaustless source of jealousy 
and animosity. On this statement, which I take to be 
a fair one, not being able to discern any grounds of 
honor, advantage, peace, or power, for adhering either 
Is in favor to the act or the preamble, I shall vote for the ques- 
pea? 6 rG " tion which leads to the repeal of both. It is agreed 
that a revenue is not to be had in America. If we lose 
Motion the profit let us get rid of the odium." The repeal was 
lost - lost. 

The next step in this plan for subjugating the colo- 
nies was the introduction of 
Additional uJL Bill for the better providing suitable quarters for 
quartering officer s and soldiers in his majesty's service in North 
troops in America:'' Another " Quartering Act." This bill 
May,"w4. passed in the House of 'Commons on the ninth day of 
May, and was engrossed and sent to the House of Lords, 
and on the twenty-sixth of May, on the question, shall 



THE UNITED STATES OP AMERICA. 463 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

the bill pass ? Lord, the Earl of Chatham, rose and The Tea 

., duty, im. 

saia : Additional 

"My lords, the unfavorable state of my health, under biU for . 

i • <• t i ii i n quartering 

which 1 have long laboured, could not prevent me from troops in 
laying before your lordships my thoughts on the bill America - 
now upon the table, and on the state of American 
affairs in general. 

"If we take a transient view of those motives which Speech of 
induced the ancestors of our fellow-subjects in America h ° m a 
to leave their country to encounter the innumerable House of 
difficulties of the unexplored regions of the Western 26. ' 
world, our astonishment at the present conduct of their 
descendants will naturally subside. There was no cor- 
ner of the world into which men, of their free and enter- 
prising spirit would not fly with alacrity, rather than 
submit to the slavish and tju-annical principles which 
prevailed at that period in their native country. And 
shall we wonder, my lords, if the descendants of such 
illustrious characters spurn with contempt, the hand of 
unconstitutional power that would snatch from them He defends 
such dear-bought privileges as they now contend for ? tio^oTthe 
Had the British colonies been planted by any other colonies, 
kingdom than our own, the inhabitants would have car- 
ried with them the chains of slavery and the spirit of 
despotism; but as they are, they ought to be remem- 
bered as great instances to instruct the world what 
great exertions mankind will naturally make when they 
are left to the free exercise of their own powers. And, 
my lords, notwithstanding my intention to give my 
hearty negative to the question now before you, I can- 
not help condemning, in the severest manner, the late 
turbulent and unwarrantable conduct of the Americans 
in some instances, particularly in the late riots of Bos- 
ton. But, my lords, the mode which has been pursued He con- 
to bring them back to a sense of duty to their parent dcmns the 

J l measures 

state, has been so diametrically opposite to the funda-of parlia- 
mental principles of sound policy, that individuals pos- ment * 
sessed of common understanding must be astonished at 



464 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The #a such proceedings. By blocking up the liarbour of Bos- 
T U 5 ,'™ /ton you have involved the innocent trader in the same 

Lord Chat- 
ham on the punishment with the guilty profligates who destroyed 

quartering y° ur merchandize, and instead of making a well-con- 
troops in certed effort to secure the real offenders, you clap a 
House of naval and military extinguisher over their harbour, and 
Lords, May p U11 i s } 1 the crime of a few lawless depredators and their 
abettors upon the whole body of the inhabitants. 

"My lords, England is little obliged to the framers 
and promoters of this tea tax. The Americans had 
almost forgot, in their excess of gratitude for the repeal 
of the Stamp Act, any interest but that of the mother 
State of country. There seemed an emulation among the differ- 
beToTeThe en * provinces who should be most dutiful and forward 
Tea Tax. m their expressions of loyalty to their real benefactors ; 
as you will readily perceive by the following letter from 
* Gov. of governor Bernard,* to a noble lord then in office : 
ay, 'The house of representatives,' says he, 'from the time 
of opening the session to this day, has shown a dispo- 
sition to avoid all dispute with me. Everything having 
passed with as much good humor as I could desire. 
They have acted, in all things, with temper and mode- 
ration; they have avoided some subjects of dispute, 
and have laid a foundation for removing some causes 
of former altercation.' 

"This, my lords, was the temper of the Americans, 
and would have continued so, had it not been inter- 
rupted by your fruitless endeavors to tax them without 
their consent. But the moment they perceived that 
your intention was renewed to tax them, under a pre- 
tence of serving the East India Company, their resent- 
ment got the ascendant of their moderation, and hur- 
ried them into actions contrary to law, which, in their 
Cause of cooler hours, they would have thought on with horror: 
the de- f or j sincerely believe, the destroying- of the tea urns the 

struction ' . 

of the tea. effect of despair. 

"But, my lords, from the complexion of the whole 
of the proceedings, I think administration has purposely 



THE UNITED STATES OF AMERICA. 485 



THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

irritated them into those late violent acts for which The Tea 
they now so severely smart, purposely to be revenged on Lo \? d ' Chat . 
them for the victory they gained by the repeal of the ham ' s 
Stamp Act, a measure to which they seemingly acqui- the bill for 
esced, but at the bottom they were its real enemies. ( i uarter . m g 

' J troops in 

For what other motive could induce them to dress tax- America, 
ation, that father of American sedition, in the robes of ^fa ' 
an East India Director, but to break in upon that 
mutual peace and harmony which then so happily sub- 
sisted between them and the mother country?" 

" My lords, I am an old man, and would advise the 
noble lords in office to adopt a more gentle mode of 
governing America; for the day is not far distant, when Character 
America may vie ivith these kingdoms, not only in arms, pectfof 8 " 
but in arts also. It is an established fact that the prin- America, 
cipal towns in America are learned and polite, and 
understand the constitution of the empire as well as 
the noble lords who are now in office ; and consequent- 
ly, they will have a watchful eye over theit liberties, to 
prevent the least encroachment on their hereditary 
rights. 

"This observation is so recently exemplified in an 
excellent pamphlet, which comes from the pen of an 
American gentleman, that I shall take the liberty of 
reading to your lordships his thoughts on the compe- cites an 
tency of the British parliament to tax America, which, Am , eri ". 

. can s views 

in my opinion, puts this interesting matter in the clear- against the 
est view. 'The High Court of Parliament,' he says, £2£ ° f 
'is the supreme legislative power over the whole empire. ment - 
In all free states the constitution is fixed ; and as the 
supreme legislature derives its power and authority 
from the constitution, it cannot overleap the bounds of 
it, without destroying its own foundation. The consti- 
tution ascertains and limits both sovereignty and 
allegiance; and therefore his majesty's American sub- 
jects, who acknowledge themselves bound by the ties 
of allegiance, have an equitable claim to the full enjoy- 
ment of the fundamental rules of the English constitu- 
30 



466 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The Tea tion ; and that it is an essential unalterable right in 
Lord Chat- nature, engrafted in the British constitution as a funda- 
ham's mental law, and ever held sacred and irrevocable bv the 

speech on J 

the bill for subjects within this realm, that what a man has hon- 

?roops7n S est ty acquired, is absolutely his own, which he map freely 
America, give, but which cannot be taken from him without his 

May 26, . , 

1774. consent. 

" This, my lords, ' though no new doctrine, has 
always been my received and unalterable opinion, and 
I will carry it to my grave, that this country had no 
He en- right under heaven to tax America. It is contrary to 
American a ^ * ne principles of justice and civil policy, which nei- 
view of ther the exigencies of the state, nor even an acquies- 
tion. cence in the taxes, could justify upon any occasion what- 

ever ; such proceedings will never meet their wished-for 
success ; and, instead of adding to their miseries, as 
the bill now before you most undoubtedly does, adopt 
some lenient measures which may lure them to their 
Recom- duty : Proceed like a kind and affectionate parent 
mends a oyer a q\^{\^ wn0 m he tenderly loves, and, instead of 

more len- J _ ' 7 

ient policy, those harsh and severe proceedings, pass an amnesty 
on all their youthful errors ; clasp them once more in 
your fond and affectionate arms ; and, I will venture 
to affirm, you will find them children worthy of their 
sire. 

" But should their turbulence exist after your prof- 
fered terms of forgiveness, which I hope and expect 
this house will immediately adopt, I will be among 
the foremost of your lordships to move for such meas- 
ures as will effectually prevent a future relapse, and 
make them feel what it is to provoke a fond and forgiv- 
ing parent ! A parent, my lords, whose welfare has 
ever been my greatest and most pleasing consolation. 
This declaration may seem unnecessary ; but I will 
venture to declare, the period is not far distant, when 
she will want the assistance of her most distant 
friends. But should the all-disposing hand of Provi- 
dence prevent me from affording her my poor assist- 



THE UNITED STATES OF AMERICA. 467 



THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



ance, my prayers shall be ever for' her welfare ; ' length The tea 
of days be in her right hand, and in her left hand 
riches and honor ; may her ways be ways of pleasant- 
ness, and all her paths be peace. ' " 

Notwithstanding this eloquent and conservative ap- The bill 
peal, the bill passed into a law. This was followed by 
"An Act for making more effectual provision for the The Que- 
government of the province of Quebec in North Amer-j nnc ^74, 
ica" passed Julie eighteenth following. This was fol- 
lowed by "An Act to prevent the exportation to foreign The export 
parts of utensils made use of in the cotton, linen, and lliter lct ' 
woolen, and silk manufactures of this kingdom." 

This ended the series of measures adopted at this 
session of parliament for punishing and subjugating the 
colonies. 



We must now follow these measures across the General 
Atlantic, and mark their operation upon the colonies f t i 1cse 
and the people which they were intended to subjugate, actsofpar- 
The scene opens in the fated town of Boston in Massa- 
chusetts Bay. By the provisions of the Port Bill, and 
the other enactments, the seat of government of the col- 
ony, and the custom-house, were transferred from 
Boston to Salem. Armed vessels were stationed in 
the harbour to prevent the entry of ships. A fine 
was imposed upon the town equal to the value of the 
tea destroyed ; and soldiers were quartered upon the 
inhabitants, to enforce obedience to the laws and 
regulations established by parliament, for the collec- 
tion of the commercial tax of three-pence per pound 
upon tea, shipped to America by the East India Com- 
pany ; as well from their ware-houses in England, 
where the tax upon the company was withdrawn, as 
from India direct. Strange as it may now appear, it Reception 
was resolutely insisted by the dominant administration measures 
party in England, that by adopting these retributive meas- of P arlia - 

. -r, J r & ment in 

ures against Boston, and thus making that town an exam- America, 
pie, it would not only awe the other towns into subinis- 1774r " 



468 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The tea sion, but also that the advantages which they might 
5" ty ' „ derive from the closing of the port of Boston, would 

Effect of ■■ ~ - 

parfia- induce the other colonies to look indifferently on the 
measures. controvers y> aud perhaps even to espouse the cause of 
the mother country. But the interests and the princi- 
ples involved in the contest were far otherwise esti- 
mated and regarded by the people of America. The 
following sentiments emanating from the town of Salem, 
which was more immediately to be benefitted by the 
measures adopted, show how ignorant the ministry 
were of the spirit which ruled in the colonies. 
fr^mS° nSe "^ s h uttul g up the port of Boston," they say, 
lem. " some imagine that the course of trade might be 

turned hither, and to our benefit ; but nature, in the 
formation of our harbour, forbids our becoming rivals 
in commerce with that convenient mart:' And, were it 
otherwise, we must be dead to every idea of justice, 
lost to all feelings of humanity, could we indulge one 
thought to seize on wealth, and raise our fortunes, on 
the ruin of our suffering neighbours." 
Responded These sentiments were every where responded to. 
to through "Within a very short time after the Port Bill arrived at 

out the ^ 

colonies. Boston, it was circulated through all the colonies, 

printed with a broad black border, with various em- 

I blematical expressions of the views and feelings of the 

Circulation people respecting it. In Philadelphia, and other com- 

t^p B t° S merc i a l towns, and throughout the colony of Virginia, 

Bill in the day appointed for its operation was regarded with 

America, u^^ humiliation and prayer." And it was 

ings in recommended to the inhabitants " to implore that God 

nf a D aQd Va " would give the people one heart and one mind firmly 

Virginia, to oppose every invasion of the American rights." 

Opinions There was, perhaps, no man in all America who had 

of Wash- matched with a keener or more profound observation 

ington on » • . 

the tea du- the progress of things, both in England and on this 

i774. Uy ' continent, at this time, than George Washington. I 

therefore give place to the expression of his views, not 

only as worthy of all respect and confidence, but also 



THE UNITED STATES OF AMEKICA. 469 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

as indicating the general and prevailing sentiment of the The tea 

mi • h • i duty. 

people of the colonies. They are contained in a letter 0p i uiona 
written from Mount Vernon, and bearing date the fourth pi Wash- 

_ . . i • ± iv ington, Ju- 

day of July, to Mr. Bryan Fairfax, urging him to oiler i }) 1774 , 
himself as a candidate for the house of burgesses. Mr. 
Fairfax had declined being a candidate, because his 
sentiments differed so from those generally entertained 
by the people ; he thought he " could not give satisfac- 
tion at this time, as he was opposed to strong measures 
of resistance." Washington writes — " As to your polit- Letter to 
ical sentiments I would heartily join you in them, so far fe £ air " 
as relates to a humble and dutiful petition to the 
throne, provided there was the most distant hope of 
success : But have we not tried this already ? Have 
we not addressed the lords, and remonstrated to the 
commons ? And to what end ? Did they deign to 
look at our petitions ? Does it not appear, as clear as 
the sun in its meridian brightness, that there is a reg- 
ular systematic plan formed to fix the right and prac- 
tice of taxation upon us? Does not the uniform con- No hope of 
duct of parliament for some years past confirm this ? frompar- 
Do not all the debates, especially those just brought to lament 
us, in the House of Commons, on the side of govern- 
ment, expressly declare that America must be taxed in 
aid of the British funds, and that she has no longer 
resources within herself? Is there any thing to be 
expected from petitioning after this ? Is not the attack 
upon the liberty and property of the people of Boston, 
before restitution of the loss to the East India Com- 
pany was demanded, a plain and self-evident proof of 
what they are aiming at ? Do not the subsequent bills The acts of 
(now, I dare say, acts) for depriving the Massachusetts against 
Bay of its charter, and for transporting offenders into Boston - 
other colonies, or to Great Britain, for trial, where it is 
impossible from the nature of the thing that justice 
can be obtained, convince us that the administration is 
determined to stick at nothing to carry its point? 



470 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The tea Ought we not, then, to put our virtue and fortitude to 

* 2. Sparks' tllC severest test • "* 

Writings And again in a letter addressed to the same Mr. 

ingtou?"" Fairfax, on the twentieth of the same month, he says : 

"That I differ very widely from you, in respect to the 

Opinions mode of obtaining a repeal of the acts so much coin- 

ington," plained of, I shall not hesitate to acknowledge ; and 

July, 1114. tliat this difference in opinion probably proceeds from 

the different constructions we put upon the conduct 

and intention of the ministry, may also be true ; but, 

as I see nothing, on the one hand, to induce a belief 

that the parliament would allow a favorable opportunity 

to pass, in order to enforce their tyrannical system ; 

and, on the other, I observe, or think I observe, that 

Believes government is pursuing a regular plan, at the expense 

the design f j aw an( j i us tice, to overthrow our constitutional 

is to over- . ° 

throw rights and liberties; how can I expect any redress 
libertv Can fr° m a measure, which has been ineffectually tried 
already ? For, Sir, what is it we are contending 
against ? Is it against paying the duty of three-pence 
per pound on tea because burthensome ? No, it is the 
right only that we have all along disputed; and to this 
end we have already petitioned his majesty in as hum- 
ble and dutiful a manner as subjects could do. Nay, 
more, we applied to the House of Lords and House of 
Commons, in their different legislative capacities, set- 
ting forth, that as Englishmen we could not be de- 
prived of this essential and valuable part of our con- 
The true stitution. If, then, as the fact really is, it is against 
slated. the right of taxation that we now do, and, as I before 
said, all along have contended, why should they sup- 
pose that an exertion of this power would be less ob- 
noxious now than formerly ? And what reason have 
No justifi- we to believe that they would make a second attempt 
the°ro° f wm * st tne same sentiments fill the 'breast of every 
ceedings American, if they did not intend to enforce it if 

against ., ■, 

Boston, possible ? 

" The conduct of the Boston people could not justify 



THE UNITED STATES OF AMERICA. 471 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

the rigor of their measures, unless there had been a The tea 
requisition of payment and refusal of it; nor did that duty- 

" . i • . i . *• Opinions 

conduct require an act to deprive the government" ol f Wash- 
Massachusetts Bay of their charter; or to exempt jjj* 01 } 1 ^ 
offenders from trial in the places where offences were 
committed ; as there was not, nor could there be, a 
single instance produced to manifest the necessity of it. Evidences 
Are not all these things evident proofs of a fixed and^^* 1111 * 
uniform plan to tax us ? If we want further proofs, istI 7- 
do not all the debates in the House of Commons serve 
to confirm this ? "What hope have we then from peti- * 
tioning, when they tell us that now or never is the No hope 
time to fix the matter ? Shall we, after this, whine tlonmg. l " 
and cry for relief, when we have already tried it in 
vain ? Or shall we supinely sit and see one province 
after another fall a sacrifice to despotism ? 

" If I were in any doubt as to the right which the Has no 
parliament of Great Britain had to tax us without our the b preui- 
consent, I should most heartily coincide with you in ises. 
opinion, that to petition, and to petition only, is the 
proper method to apply for relief; because we should 
then be asking a favor, and not claiming a right, which, 
by the law of nature, and by our constitution, we are, 
in my opinion, indubitably entitled to. I should even 
think it criminal to go further than this, under such an 
idea; but I have none such. I think the parliament of 
Great Britain have no more right to put their hands into 
my pocket, without my consent, than I have to put my 
hands into yours'. And this being already urged to * 2 Sparks' 
them, in a firm but decent manner, by all the colonies, ^I r ^ n fu 
what reason is there to expect anything from their ington. 
justice?"* 



This letter was written in reference to the action colonial 
proposed to be taken by a convention of delegates c . onveu * 
from all parts of the colony, which had been previously 
called to meet at Williamsburg on the first of August 
then next ensuing. Washington was elected a member 



472 THE GOVERNMENTAL HISTORY OP , 

Part III. origin and causes of the revolution. 

The tea from Fairfax county, and took his seat in the conven- 
y ' tion, and had a controlling influence over all its pro- 
ceedings. Similar conventions were held in all of the 
colonies. A correspondence was opened between them, 
by committees appointed for the purpose, relative to 
A General the expediency of calling a general congress of dele- 
suggeTted. S ates fr° m tne several colonies, to take into considera- 
tion the late acts of parliament, as well as to devise 
some method of obtaining relief. The arbitrary and 
high-handed measures of the ministry, as one after 
another they were devised and passed through parlia- 
ment, and reached America, alarmed the colonies and 
General re- the people; and they universally responded to the 
the propo- proposition. A resolution passed the convention of 
sal. Virginia, which expressed not only the sentiments of 

that colony, but of every other. It was as follows, 
viz.: 
Resolution "Resolved, That an attack made on one of our sis- 
ginia Con- ter colonies, to compel submission to arbitrary taxes, 
vention. j s an a it ac k ma de on all British America, and threatens 
ruin to the rights of all, unless the united wisdom of 
the whole should be applied." 
The Gen- It was under such a conviction of its necessity, that 
niai Con?" a Colonial Congress was recommended ; delegates to it 
gress.Sept. were promptly appointed, and met in " Carpenter's 
im# Hall " in Philadelphia, September fifth, 1774. This con- 
gress was composed of delegates varying in the number 
representing the different colonies, viz. : 
Names of New Hampshire — John Sullivan, Nathaniel Folsom. 
Delegates. Massachusetts Bay — Thomas Cushing, Samuel Ad- 
ams, John Adams, Robert Treate Paine. 

New York — Isaac Low, John Alsop, John Jay, 
James Duane, "William Floyd, Henry Wisner, S. Boe- 
rum, Philip Livingston. 

New Jersey — James Kinsey, William Livingston, 
Stephen Crane, Richard Smith, John De Hart. 

New Castle, Kent, and Sussex on Delaware — Caesar 
Rodney, Thomas McKeane, George Read. 



THE UNITED STATES OF AMERICA. 473 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

Rhode Island — Stephen Hopkins, Samuel Ward. The Coio- 

Pennsylvania — Joseph Galloway, John Dickinson, ^J^* 
Charles Humphreys, Thomas Mifflin, Edward Biddle, Phiiadei- 
John Morton, George Ross. i^ ep ' 

Maryland — Matthew Tilghman, Thomas Johnson, 
William Paca, Samuel Chase, Goldsborough. 

Virginia — Richard Henry Lee, George Washington, 
P. Henry, Jim., Richard Bland, Peyton Randolph, 
Benjamin Harrison, Edmund Pendleton. 

North Carolina — William Hooper, Joseph Hewes, 
R. Caswell. 

South Carolina — Henry Middleton, Thomas Lynch, 
Christopher Gadsden, John Rutledge, Edward Rut- 
ledge. 

Connecticut — Eliphalet Dyer, Roger Sherman, Silas 
Deane. 

On the opening of the congress, the Hon. Peyton its organi- 
Randolph was unanimously chosen president, and Mr. zatl0n - 
Charles Thomson, secretary. The credentials of the 
several members were then produced and approved ; 
soon after which, the house w r ent into an informal con- 
sideration of the rules and regulations by which their 
proceedings should be governed ; but as they were un- 
able accurately to ascertain the relative population or 
importance of each colony represented, they adjourned, 
without coming to any definite conclusion, to the sixth, 
at 10, A. M 

September Qth, 1774. The congress met pursuant to Rules of 
adjournment, and resumed the consideration of the the con " 

*' ' gress. 

rules and conduct to be observed in debating and deter- 
mining the questions which should come under delib- 
eration, when they passed the following, viz. : 

" Resolved, that in determining questions in this con- Each colo- 
gress, each colony or province, shall have one vote. oJ^^ 6 
The congress not being possessed of, or at present able 
to procure any proper materials for ascertaining the im- 
portance of each colony. 



474 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



The Colo- 
nial Con- 
gress, Sept. 
1*774. 



To sit with 
closed 
doors, &c. 



Commit- 
tee on 
colonial 
rights. 



Commit- 
tee on 
trade and 
manufac- 
tures. 



To be 

opened 

with 

prayers. 



The com- 
mittee on 
colonial 
rights. 



" Resolved, that no person shall speak more than 
twice on the same point, without leave of the congress. 

" Resolved, that no question shall be determined the 
day on which it is agitated and debated, if any one of 
the colonies desire the determination to be postponed 
to another day. 

" Resolved, that the doors be kept shut during the 
time of business, and that the members consider them- 
selves under the strongest obligations of honor to keep 
the proceedings secret, until the majority shall direct 
them to be made public. 

" Resolved, unanimously, that a committee be ap- 
pointed to state the rights of the colonies in general ; 
the several instances in which these rights are violated 
or infringed ; and the means most proper to be pursued 
for obtaining a restoration of them. 

" Ordered , that the appointment of the committee, 
and the number of which it shall consist, be deferred 
until to-morrow. 

" Resolved, that a committee be appointed to exam- 
ine and report the several statutes which affect the trade 
and manufactures of the colonies. Same order as 
above respecting the appointment and number of this 
committee. 

" Resolved, that the Rev. Mr. Duche be desired to 
open the congress to-morrow with prayer, at ' Carpen- 
ter's Hall,' at nine o'clock." 

September 1th, 1774. The congress took up the con- 
sideration of the appointment of the committees afore- 
said, and decided that the first committee should con- 
sist of two from each colony, viz. : 

Major John Sullivan, and Colonel Folsom of New 
Hampshire : Mr. Samuel Adams and Mr. John Adams 
of Massachusetts Bay : Mr. Hopkins and Mr. Ward of 
Rhode Island : Colonel Dyer and Roger Sherman of 
Connecticut : Mr. James Duane and John Jay of New 
York : Mr. Livingston and Mr. DeHart of New Jer- 
sey : Mr. Joseph Galloway and Mr. Biddle of Pennsyl- 



THE UNITED STATES OF AMERICA. 475 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

vania : Mr. Cassar Rodney and Mr. M'Keane of Three The Colo- 
Counties : Mr. Thomas Johnson and Mr. Goldsborough gJ-e^Sept. 
of Maryland: Mr. Lee and Mr. Pendleton of Virginia: lfH. 
Mr. Lynch and Mr. J. Rutledge of South Carolina. 

The second committee was composed of one from 
each colony, viz. : 

New Hampshire, Mr. Sullivan ; Massachusetts Bay, The com- 
Mr. Cushing; Rhode Island, Mr. Hopkins; Connecti-^f ™ 
cut, Mr. Deane ; New York, Mr. Low ; New Jersey, 
Mr. Kinsey ; Pennsylvania, Mr. Mifflin ; Three Coun- 
ties, Mr. Read ; Maryland, Mr. Chase ; Virginia, Mr. 
Henry ; South Carolina, Mr. Gadsden. 

It was then further "Resolved, that the president may p ower f 

adjourn the congress from day to day, when he finds P resi(i ent 
. . ■ . . J J to adjourn, 

there is no business prepared to be laid before them, &c. 
and may, when he finds it necessary, call them together 
before the time to which they may stand adjourned." 

On the fourteenth of September, the delegates from Delegates 
North Carolina appeared and presented their creden- flom , 

i i North 

tials, which were read and approved, and they were per- Carolina, 
mitted to take their seats in the congress. 

The congress having received and deliberated upon Pr d 
a communication from the colony of Massachusetts Bay, i»g s in ref- 
setting forth the late acts of parliament in relation to Mass^Bay. 
that province, the following resolutions were passed : 

"Resolved, that this congress do approve of the op- Sustaini 
position made by the inhabitants of the Massachusetts Mass - Ba 7- 
Bay, to the execution of the late acts of parliament ; 
and if the same shall be attempted to be carried into 
execution by force, in such case all America ought to 
support them in their opposition. 

" Resolved, that the removal of the people of Boston General 
into the country, would be not only extremely difficult contribu- 
in the execution, but so important in its consequences, aid t0 hW 
as to require the utmost deliberation before it is 
adopted. But in case the provincial meeting of that 
colony shall judge it absolutely necessary, it is the opin- 
ion of this congress that all America ought to con- 



476 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causks of tiie resolution. 

The Colo- tribute towards recompensing them for the injury they 

ti^t.^y therQh J sustain - ' 

1114. " Resolved, that this congress do recommend to the 

T( buus- ar7 mna hitants of Massachusetts Bay, to submit to a sus- 
sion rec- pension of the administration of justice, where it can- 
ommen - ^ ^ p rocure( j m a legal and peaceable manner under 
the rules of the charter, and the laws founded thereon, 
until the effect of our application for the repeal of the 
acts, by which their charter-rights are infringed, is 
known. 
None to ac- " Resolved unanimously, that every person who shall 
under The take, accept, or act under any commission or authority, 
late acts of in any wise derived from the act passed in the last ses- 
ment. s i° n °f parliament, changing the form of government, 
and violating the charter of the province of Massachu- 
setts Bay, ought to be held in detestation, and consid- 
ered the wicked tool of that despotism which is pre- 
paring to destroy those rights which God, nature, and 
compact, have given to America. 
Recom- " Resolved unanimously, that the people of Boston and 

mend for- the Massachusetts Bay, be advised still to conduct them- 
to Mass. selves peaceably towards his excellency General Gage, 
Bay< and his majesty's troops now stationed in the town of 

Boston, as far as can possibly consist with their imme- 
diate safety and the security of the town, avoiding and 
discountenancing every violation of his majesty's prop- 
erty, or any insult to his troops ; and that they peace- 
ably and firmly persevere in the line in which they are 
now conducting themselves on the defensive. 
Resistance " Resolved, that the seizing, or attempting to seize, 
to sei r zur ^ g an y person in America in order to transport such per- 
son beyond the sea, for trials of offenses committed 
within the body of a county in America, being against 
law, will justify, and ought to meet with resistance and 
reprisal." 

A letter was also addressed to General Gage, com- 
mander of his majesty's troops at Boston, as follows : 



THE UNITED STATES OP AMERICA. 477 

THE COMMERCIAL SYSTEM OF TAXATION^ PART III. 

" Philadelphia, Oct. 10, 1774. nial Con- 
« Sir The inhabitants of the town of Boston have in- f!£ a f> Se P*- 
formed us, the representatives of his majesty's faithful 
subjects in all the colonies from Nova Scotia to Geor- 
gia, that the fortifications erecting within that town, 
the frequent invasions of private property, and the re- 
peated insults they receive from the soldiery, have given 
them great reason to suspect a plan is formed very 
destructive to them, and tending to overthrow the lib- 
erties of America. Your excellency cannot be a stran- 
ger to the sentiments of America with respect to the 
late acts of parliament, under the execution of which 
those unhappy people are oppressed ; the approbation 
universally expressed of their conduct, and the deter- 
mined resolutions of the colonies for the preservation 
of their common rights, to unite in their opposition to 
those acts. In consequence of these sentiments, they Lettert0 
have appointed us the guardians of their rights and lib- Gen. Gage 
erties, and we are under the deepest concern, that, 
whilst we are pursuing every dutiful and peaceable 
measure, to procure a cordial and effectual reconcilia- 
tion between Great Britain and the colonies, your excel- 
lency should proceed in a manner that bears so hostile 
an appearance, and which even these oppressive acts do 
not warrant. We entreat your excellency to consider 
what tendency this conduct must have to irritate and 
force a people, however well disposed to peaceable 
measures, into hostilities which may prevent the en- 
deavors of this congress to restore a good understand- 
ing with a parent state, and may involve us in the hor- 
rors of a civil war. In order, therefore, to quiet the 
minds, and remove the reasonable jealousies of the peo- 
ple, that they may not be driven to a state of despera- 
tion, being fully persuaded of their pacific disposition 
towards the king's troops, could they be assured of their 
own safety, we hope, sir, you will discontinue the for- 
tifications in and about Boston, prevent any further in- 



•178 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The Colo- vasions of private property, restrain the irregularities 
gress^Sept. of tlie soldiers j and g ive orders that the communica- 
1W4. tions between the town and country may be open, un- 
molested, and free. Signed by order and in behalf of 
the General Congress. 

Peyton Randolph, President. 



The Declaration of Eights, and other proceedings 
prepared by the respective committees, and published 
by this congress, contain so full and comprehensive a 
view of all the grievances complained of, and of the 
rights claimed in America, and so well illustrate the 
position in which the two countries now stood with ref- 
erence to each other, that they necessarily become a 
part of this work. 

The Declaration of "Rights. 

The Deck- u Whereas, since the close of the last war, the Brit- 

Paghts° f * sn P ar li am ent, claiming a power, of right, to bind the 

people of America by statutes in all cases whatsoever, 

hath in some acts expressly imposed taxes upon them ; 

and in others, under various pretences, but in fact for 

the purpose of raising a revenue, hath imposed rates 

and duties payable in these colonies, established a board 

Enumera- of commissioners with unconstitutional powers, and 

erievan- extended the jurisdiction of courts of admiralty, not 

ces. only for collecting the said duties, but for the trial of 

causes merely arising within the body of a county. 

"And whereas, in consequence of other stalvtes, 
judges, who before held only estates at will in their 
offices, have been made dependent on the crown alone 
for their salaries, and standing armies kept in times 
of peace. And whereas, it has lately been resolved in 
parliament, that by force of a statute, made in the 
thirty-fifth year of the reign of king Henry VIII., col- 
onists may be transported to England and tried there 
upon accusations for treasons, and misprisions and con- 
cealments of treasons committed in the colonies, and 



THE UNITED STATES OF AMERICA. 479 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

by a late statute such trials have been directed in cases The Colo- 
therein mentioned. And whereas, in the last session mal Con ; 
of parliament, three statutes were made ; one entitled Phiiadel- 
' An Act to discontinue in such manner and for such £ ^ 

Declara- 

time as therein mentioned, the landing and dischararina:, tio11 of 
lading or shipping of goods, wares, and merchandise Ig s y ' 
at the town, and within the harbour of Boston, in the 
province of Massachusetts Bay, in North America,' 
and another, entitled 'An Act for the impartial admin- Late acta 
istration of justice, in the cases of persons questioned of P arlia * 
for any act done by them in the execution of the law, 
or for the suppression of riots and tumults, in the 
province of Massachusetts Bay in New England ; ' and 
another statute was then made, ' For making more ef- 
fectual provision for the government of the province 
of Quebec,' <fec. All which statutes are impolitic, Said acta 

unjust, and cruel, as well as unconstitutional, and most unconsti " 
. tutional. 

dangerous and destructive ot American rights. And 

whereas, assemblies have been frequently dissolved, 
contrary to the rights of the people, when they attempt- 
ed to deliberate on grievances, and their dutiful, hum- 
ble, loyal, and reasonable petitions to the crown for 
redress have been repeatedly treated with contempt by 
his majesty's ministers of state, the good people of the 
several colonies of New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, 
Newcastle, Kent and Sussex on Delaware, Mary- 
land, Virginia, North Carolina and South Carolina, 
justly alarmed at the arbitrary proceedings of parlia- 
ment and administration, have severally elected, con- 
stituted and appointed deputies to meet and sit* in gen- 
eral congress, in the city of Philadelphia, in order to 
obtain such establishment, as tbat their religion, laws, 
and liberties may not be subverted ; whereupon the 
deputies so appointed, being now assembled, in a full 
and free representation of these colonies, taking into 
their most serious consideration, the best means of 



480 THE GOVERNMENTAL HISTORY OF 

Part III. okigin and causes of the revolution. 

The Colo- attaining the ends aforesaid, do in the first place, as 
gressar Englishmen their ancestors have in like cases usually 
Phiiadei- done, for asserting and vindicating their rights and 

t)liia 1774 

£ ,' " liberties, Declare, that the inhabitants of the English 

Declara- ' ' J b " 

tion of colonies in North America, by the immutable laics of na- 
lg s y * ture, the principles of the English constitution, and the 
several charters or compacts, have the following Rights: 
"Resolved nemine contradicente. I. That they 
are entitled to life, liberty, and property, and have 
never ceded to any sovereign power whatever, a right 
to dispose of either without their consent. 

"II. That our ancestors were, at the time of their 
emigration from the mother country, entitled to all 
the rights, liberties, and immunities of free and nat- 
ural born subjects within the realm of England. 
Enumera- "HI. That, by such emigration, they neither for- 
their feited. surrendered, nor lost, any of those rights, 
rights. UI y # That the f oun d at i on f English liberty, and of 

all free government, is a right in the people to partici- 
pate in their legislative council ; and as the English 
colonists are not represented, and, from their local and 
other circumstances, cannot properly be represented in 
the British parliament, they are entitled to a free and 
exclusive power of legislation, in their several provin- 
cial legislatures, where their right of legislation can 
only be preserved, in all cases of taxation and internal 
polity, subject only to the negative of their sovereign, 
in such manner as has been heretofore used and accus- 
tomed ; but from the necessity of the case, and a regard 
to the mutual interests of both countries, we cheerfully 
consent to the operation of such acts of the British 
parliament as are bona fide restrained to the regulation 
of our external commerce, for the purposes of securing 
the commercial advantages of the whole empire to the 
mother country, and the commercial benefits of its re- 
spective members, excluding every idea of taxation, 
internal or external, for raising a revenue on the sub- 
jects in America without their consent. 



THE UNITED STATES OF AMERICA. 481 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



" V. That the respective colonies are entitled to the The colo- 
nial con- 
gress at 
Philadel- 
phia, 1774. 



common law of England, and more especially, to the m; 



jjress at 

great and inestimable privilege of being tried by their Philadel 
peers of the vicinage, according to the course of that 
law. 

" VI. That they are entitled to the benefit of such 
of the English statutes as existed „at the time of their 
colonization, and which they have, by experience, re- 
spectively found to be applicable to their several local 
and other circumstances. 

"VII.. That these his majesty's colonies are likewise 
entitled to all the immunities and privileges, granted 
and confirmed to them by royal charters, or secured 
by their several codes of provincial laws. 

"VIII. That they have a right peaceably to assemble, Deelara- 
consider of their grievances, and petition the king ; *!°£ of , 
and that all prosecutions, prohibitory proclamations, 
and commitments for the same, are illegal. 

"IX. That the keeping a standing army in these 
colonies, in time of peace, without the consent of the 
legislature of that colony in which such army is kept, 
is against law. 

"X. It is indispensably necessary to good govern- 
ment, and rendered essential by the English constitu- 
tion, that the constituent branches of the legislature 
be independent of each other; that, therefore, the 
exercise of legislative power, in several colonies, by a 
council appointed during the pleasure of the crown, 
is unconstitutional, dangerous, and destructive to the 
freedom of American legislation. 

"All and each of which, the aforesaid deputies, in 
behalf of themselves and their constituents, do claim, 
demand, and insist on, as their indubitable rights and 
liberties, which cannot be legally taken from them, 
altered or abridged by any power whatever, without 
their own consent by their representatives in their scv- infrin<*e- 
eral provincial legislatures. ments of, 

"Resolved n. c, That the following acts of par- ment^' 
31 



482 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- Uament are infringements and violations of the rights 
"•ress at of the colonists, and that the repeal of them is essen- 
FM * tially necessary, in order to restore harmony between 
Deci'ara- Great Britain and the American colonies, viz., — The 
tion of several Acts of 4 Geo. III. Ch. 15 and Ch. 34 : 5 Geo. 
r,g t8 y ' III. Ch. 25 : 6 Geo. III. Ch. 52 : 7 Geo. III. Ch. 41 
and 46 : 8 Geo. III. Ch. 22, which impose duties for 
the purpose of raising a revenue in America, extend 
the powers of the admiralty courts beyond their ancient 
limits, deprive the American subject of trial by jury, 
authorize the judge's certificate to indemnify the prose- 
cutor from damages that he might otherwise be liable 
to, requiring oppressive security from a claimant of 
ships and goods seized, before he shall be allowed to 
defend his property, and are subversive of American 
rights. Also, 12 Geo. III. Ch. 24, entitled 'An Act for 
the better securing his majesty's dockyards, magazines, 
ships, ammunition and stores,' which declares a new 
offence in America, and deprives the American sub- 
jects of a constitutional trial by jury of the vicinage, 
Enumera- •} , . . , . , ? J J J 8 » 

tion of of- by authorizing the trial ol any person charged with the 

fensiye committing any offence described in the said act out 
statutes. . . 

of the realm, to be indicted and tried for the same in 

any shire or county within the realm. Also, the three 
acts passed in the last session of parliament, by stop- 
ping the port and blocking up the harbour of Boston, 
for altering the charter and government of Massachu- 
setts Bay ; and that which is entitled ' An act for the 
better administration of justice, &c.' Also, the act 
passed in the same session for establishing the Roman 
Catholic religion in the province of Quebec, abolishing 
the equitable system of English laws, and erecting a 
tyranny there to the great danger, from the total dis- 
similarity of religion, law, and government, of the 
neighboring British colonies, by the assistance of whose 
blood and treasure the said country was conquered 
from France. Also, the act passed in the same session 
for the better providing suitable quarters for officers 



THE UNITED STATES OF AMERICA. 483 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

and soldiers in his majesty's service in North America. The coio- 
Also, that the keeping a standing army, in several of jj~ 



nial con- 



ess at 



these colonies, in time of peace, without the consent Phiiadei- 
of the legislature of that colony in which such army is p ia ' 
kept, is against law. 

" To these grievous acts and measures, Americans Proposed 
cannot submit; but in hopes their fellow subjects in oFredress 
Great Britain will, on a revision of them, restore us 
to that state in which both countries found happiness 
and prosperity, we have for the present only resolved 
to pursue the following peaceable measures — 1. To 
enter into a non-importation, non-consumption, and 
non-exportation agreement or association. — 2. To pre- 
pare an address to the people of Great Britain, and a 
memorial to the inhabitants of British America — and 
3. To prepare a loyal address to his majesty agreeable 
to resolutions already entered into. 

"I. Articles op Association in Non-Importation, 

NON-EXPORTATION, AND NON-CONSUMPTION. 

" We, his majesty's most loyal subjects, the delegates The asso- i 
of the several colonies of New Hampshire, Massachu- ciatI ? n for 

r ' non-im- 

setts Bay, Rhode Island, Connecticut, New York, New portation, 
Jersey, Pennsylvania, the three lower counties of New- c * 
castle, Kent, and Sussex, on Delaware, Maryland, Vir- 
ginia, North Carolina and South Carolina, deputed to 
represent them in a continental congress held in the 
city of Philadelphia, on the fifth day of September, 
1774: Avowing our allegiance to his majesty, our 
affection and regard for our fellow subjects in Great 
Britain and elsewhere ; affected with the deepest anxiety, Preamble, 
and most alarming apprehensions at those grievances 
and distresses with which his majesty's American sub- 
jects are oppressed ; and having taken under our most 
serious deliberation, the state of the whole continent, 
find ; that the present unhappy situation of our affairs 
is occasioned by a ruinous system of colony adminis- 
tration adopted by the British ministry about the year 



484 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Proceed- 1763, evidently calculated for enslaving these colonies, 

ings of the _ . . . 7 

colonial and with them the British empire. In prosecution of 
PhUade£ at wn ^ cn system various acts of parliament have been 
phia, 1774. passed for raising a revenue in America ; for depriving 
the American subjects, in many instances of the con- 
stitutional trial by jury, exposing their lives to danger, 
by directing a new and illegal trial beyond the seas, for 
crimes alledged to have been committed in America. 
And in prosecution of the same system, several late 
cruel and oppressive acts have been passed respecting 
the town of Boston and the Massachusetts Bay ; and 
also an act for extending the province of Quebec so as 
to border on the western frontiers of these colonies, 
establishing an arbitrary government therein, and dis- 
couraging the settlement of British subjects in that 
The asso- wide extended country ; thus by the influence of evil 
wation for principles and ancient prejudices, to dispose the inhab- 
portation, itants to act with hostility against the free Protestant 
colonies, whenever a wicked ministry shall choose to 
direct them. / 
Object of "To obtain redress of these grievances, which 
ciation. threaten destruction to the lives, liberty, and property 
of his majesty's subjects in North America, we are of 
opinion that a' non-importation, non-consumption, and 
non-exportation agreement, faithfully adhered to, will 
prove the most speedy, effectual, and peaceable meas- 
ure. And therefore we do, for ourselves, and the inhab- 
itants of the several colonies whom we represent, firmly 
agree and associate under the sacred ties of virtue, 
honor, and love of our country, as follows : 
Merchan- "First. That from and after the first day of Decem- 
trabanded. oer next we wul not mi P ort into British America, 
from Great Britain or Ireland, any goods, wares, or 
merchandise whatsoever, or from any other place, 
any such goods, wares, or merchandise, as shall have 
been exported from Great Britain or Ireland : Nor will 
we, after that day, import any East India tea from any 
part of the world; nor any molasses, syrups, paneles, 



THE UNITED STATES OP AMERICA. 485 

THE COMMERCIAL SYSTEM OF TAXATION. PaKT III. 

coffee or pimento, from the British plantations or from Proeeed- 
Dominica; nor wines from Madeira, or the Western "^^i** 16 
Islands; nor foreign indigo. congress at 

" Second. We will neither import, nor purchase anypy^ ^7^ 
slave imported, after the first day of December next : Slaves and 
after which time we will wholly discontinue the slave tr a d g] 
trade, and will neither be concerned in it ourselves, 
nor will we hire our vessels, nor sell our commodities or 
manufactures to those who are concerned in it. 

"Third. As a non-consumption agreement, strictly Non-con- 
* adhered to, will be an effectual security for the observa- s " m P tion > 

when to 

tion of the non-importation, we as above, solemnly begin, 
agree and associate, that from this day, we* will not pur- 
chase or use any tea imported on account of the East 
India Company, or any on which a duty hath been or 
shall be paid ; and from and after the first day of March 
next we will not purchase or Tise any East India tea East India 
whatever ; nor will we, nor shall any person for or &</ b " ' 
under us, purchase or use any of the goods, wares or 
merchandise, we have agreed not to import, which we 
shall know or' have cause to suspect were imported 
after the first day of December, except such as come 
under the rules and directions of the tenth article 
hereafter mentioned. 

"Fourth. The earnest desire we have not to injure Non-ex- 
our fellow-subjects in Great Britain, Ireland, or the P ortation - 
West Indies, induces us to suspend a non-exportation, 
until the tenth day of September, 1775 ; at which time 
if the said acts and parts of acts of the British parlia- 
ment herein after mentioned, are not repealed, we will 
not, directly or indirectly, export any merchandise or 
commodity whatsoever to Great Britain, Ireland, or the 
West Indies, except rice to Europe. 

" Fifth. Such as are merchants and use the British Orders to 
and Irish trade, will give orders as soon as possible, to pondents. 
their factors, agents and correspondents, in Great Brit- 
ain and Ireland, not to ship any goods to them, on any 
pretence whatever, as they cannot be received in Ainer- 



486 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 



Proceed- ica ; and if any merchants residing in Great Britain or 
JJJEiSal* e Ireland, shall directly or indirectly ship any goods, 
congress at wares, and merchandise, for America, in order to break 

Philadel- . . , 

phia, 1774. the said non-importation agreement, or in any manner 
The ar- contravene the same, on such unworthy conduct being 
non-im- we ^ attested, it ought to be made public ; and on the 
portation, game being so done, we will not, from thenceforth, have 

any connection with such merchant. 
Owners of " Sixth. Tliat such as are owners of vessels will give 
positive orders to their captains or masters, not to 
receive on board their vessels, any goods prohibited by 
the said non-importation agreement, on pain of imme- 
diate dismission from their service. 
Improve- " Seventh. We will use our utmost endeavors to 
sheep. improve the breed of sheep and increase their number 
to the greatest extent ; and to that end we will kill 
them as seldom as may be, especially those of the most 
profitable kind ; nor will we export any to the West 
Indies or elsewhere ; and those of us, who are or may 
become overflocked with, or can conveniently spare any 
sheep, will dispose of them to our neighbours, espe- 
cially to the poorer sort, on moderate terms. 
t, *.. " Eighth. We will, in our several stations, encour- 

Frugahty ' 

and econo- age frugality, economy, and industry, and promote 
encour- C agriculture, arts, and the manufactures of this coun- 
aged. try, especially that of wool ; and will discountenance and 
discourage every species of extravagance and dissipa- 
tion, especially all horse-racing, and all kinds of gaming, 
cock-fighting, exhibitions of shows, plays, and other 
expensive diversions and entertainments ; and on the 
death of any relation or friend, none of us, or any of 
our families, will go into any further mourning dress 
than black crape or ribbon on the arm or hat for gen- 
tlemen, and a black ribbon and necklace for ladies ; 
and we will discontinue the giving of gloves and scarves 

Venders of „ . fa b & 

goods not at funerals. 

to take ad- « ^ INTH Such as are venders of goods or merchan- 

vantage ot . 

the times, dise will not take advantage of the scarcity of goods 



THE UNITED STATES OF AMERICA. 48T 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

that may be occasioned by this association, but will sell Pioeeed- 
J ' . ings ot the 

the same at the rates we have been respectively accus- colonial 
tomecl to do for twelve months last past. And if any P ° 1 "f a r d e e s 1 s _ at 
vender of goods or merchandise, shall sell any such phia, 1774. 
goods on higher terms, or shall in any manner, or by ^ he ar " 
any device whatsoever, violate or depart from thisnon-im- 
agreement, no person ought, nor will any of us deal ^° r a 10n ' 
with any such person, or his, or her factor or agent, at 
any time thereafter for any commodity whatever. 

"Tenth. In case any merchant, trader, or other per- Current 
sons shall import any goods or merchandise after the im P orta - 
first day of December, and before the first day of Feb- 
ruary next, the same ought forthwith, at the election 
of the owner, to be either reshipped, or delivered up to 
the committee of the county or town wherein they 
shall be imported, to be stored at the risk of the 
importer, until the non-importation agreement shall 
cease ; or be sold under the directions of the committee 
aforesaid ; and in the last mentioned case, the owner 
or owners of such goods shall be reimbursed (out of the 
sales,) the first cost and charges ; the profit, if any, to 
be applied towards relieving and employing such poor 
inhabitants of the town of Boston, as are immediate 
sufferers by the Boston Port Bill ; and a particular 
account of all goods so returned, stored or sold, to be 
inserted in the public papers ; and if any goods or 
merchandise shall be imported after the said first day 
of February, the same ought to be forthwith sent back 
again, without breaking any of the packages thereof. 

" Eleventh. Tliat a committee be chosen in every valance 
county, city, and town, by those who. are qualified to 
vote for representatives in the legislature, whose busi- 
ness it shall be attentively to observe the conduct of 
all persons touching this association ; and when it shall 
be made to appear to the satisfaction of a majority of 
any such committee, that any person within the limits 
of their appointment has violated this association, that 
such majority do forthwith cause the truth of the 



commit- 
tees. 



488 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Proceed- 
ings of the 
colonial 
congress at 
Philadel- 
phia, 1774. 
The ar- 
ticles of 
non-im- 
portation, 
&c. 

Commit-, 
tees of cor- 
respond- 
ence. 



Price of 
goods. 

Non-inter- 
course. 



case to be published in the Gazette : to the end that all 
such foes to the rights of British America may be pub- 
licly known, and universally contemned as the enemies 
of American liberty ; and henceforth we respectively 
will break off all dealings with him or her. 

" Twelfth. That the committee of correspondence 
in the respective colonies do frequently inspect the 
entries of their custom-houses, and inform each other 
from time to time- of the true state thereof, and of 
every other material circumstance that may occur rela- 
tive to this association. 

" Thirteenth. That all manufactures of this coun- 
try be sold at reasonable prices, so that no undue ad- 
vantage be taken of a future scarcity of goods. 

" Fourteenth. And we do further agree and resolve 
that we will have no trade, commerce, dealings, or 
intercourse whatsoever, with any colony or province in 
North America, which shall not accede to, or which 
shall hereafter violate this association, but will hold 
them as unworthy the rights of freemen, and as inim- 
ical to the liberties of their country. And we do sol- 
emnly bind ourselves and our constituents, under the 
ties aforesaid, to adhere to this association until such 
parts of the several acts of parliament, passed since the 
close of the last war, as impose or continue duties on 
teas, wine, molasses, syrups, paneles, coffee, sugar, 
pimento, indigo, foreign paper, glass, and painters' col- 
ours, imported into America ; and extend the powers 
of admiralty courts beyond their ancient limits ; deprive 
the American subject of trial by jury ; authorize the 
judge's certificate to indemnify the prosecutor from 
damages that he might otherwise be liable to from a 
trial by his peers ; require oppressive security from a 
claimant of ships or goods seized, before he shall be 
allowed to defend his property ; are repealed. And 
until that part of the act of the 12 Geo. III. Ch. 24, 
entitled ' An act for the better securing his majesty's 
dock-yards, magazines, ships, ammunitions, and stores,' 



THE UNITED STATES OP AMERICA. 



489 



THE COMMERCIAL SYSTEM OF TAXATION. 



Part III. 



by which any persons charged with committing any of Proceed- 
the offences therein described, in America, may be tried ^f^* 116 
in any shire or county within the realm; is repealed, congress at 
And until the four acts passed the last session of par- p hi a 17 Y4. 
liament, viz., — that for stopping the port and blocking 
up the harbour of Boston — that for altering the char- 
ter and government of the Massachusetts Bay — and 
that which is entitled ' An act for the better adminis- Deration 
tration of justice, &c.,' — and that ' for extending the of 



limits of Quebec, &c.,' are repealed. And we recom- 
mend it to the provincial convention, and to the com- 
mittees, in the respective colonies, to establish such fur- 
ther regulations as they may think proper, for carrying 
into execution this association. 

" The foregoing association being determined upon 
by the congress, was ordered to be subscribed by the sev- 
eral members thereof ; and thereupon we have here- 
unto set our respective names accordingly. 

In Congress, Philadelphia, October 24, 1774. 

Signed Peyton Randolph, Pres. 



sociation. 



New Hampshire. 

John Sullivan, 
Nathaniel Folsom. 

Massachusetts Bay. 

Thomas dishing, 
Samuel Adams, 
John Adams, 
Robert Treate Paine. 

Rhode Island, 

Stephen Hopkins, 
Samuel Ward. 

Connecticut. 

Eliphalet Dyer, 
Roger Sherman, 
Silas Deane. 



New York. 

Isaac Low, 
John Alsop, 
John Jay, 
James Duane, 
William Floyd, 
Henry Wisner, 
S. Boerum, 
Philip Livingston. 

New Jersey. 

James Kinsey, 
William Livingston, 
Stephen Crane, 
Richard Smith, 
John De Hart. 

Pennsylvania. 
Joseph Galloway, 



Names of 
delegates 
signing the 
same. 



490 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



John Dickinson, 
Charles Humphreys, 
Thomas Mifflin, 
Edward Biddle, 
John Morton, 
George Koss. 

Delaware. 

Caesar Rodney, 
Thomas M'Keane, 
George Read. 

Maryland. 

Matthew Tilghman, 
Thomas Johnson, 
"William Paca, 
Samuel Chase. 



Virginia. 
Richard Henry Lee, 
George Washington, 
P. Henry, Jun., 
Richard Bland, 
Benjamin Harrison, 
Edmund Pendleton. 

North Carolina. 
William Hooper, 
Joseph Hewes, 
R. Caswell. 

South Carolina. 
Henry Middleton, 
Thomas Lynch, 
Christopher Gadsden, 
John Rutledge, 
Edward Rutledge. 



Address " To THE KlNG's MOST EXCELLENT MAJESTY. 

of the colo- 

nial con- Most Gracious Sovereign, 

king 1774 " ^ e ' vour majesty's faithful subjects, of the colonies 
of New Hampshire, Massachusetts Bay, Rhode Island 
and Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, the counties of Newcastle, 
Kent and Sussex on Delaware, Maryland, Virginia, 
North Carolina and South Carolina, in behalf of our- 
selves and the inhabitants of these colonies, who have 
deputed us to represent them in general congress, by 
this our humble petition, beg leave to lay our grievances 
before the throne. 

"A standing army has been kept in these colonies 
ever since the conclusion of the late war, without the 
consent of our assemblies ; and this army, with a con- 
siderable naval armament, has been employed to enforce 
the collection of taxes. The authority of the com- 
mander-in-chief, and under him of the brigadier-gen- 
eral, has, in time of peace, been rendered supreme in 
all the civil governments in America. — The commander- 



Enumera' 
tion of 
grievan- 
ces. 



THE UNITED STATES OF AMERICA. 491 

THE COMMERCIAL SYSTEM OF TAXATION. FaKT III. 

in-chief of all your majesty's forces in North America Address 

has, in time of peace, been appointed governor of a ° ia \ ° c n °_ °" 

colony. — The charges of usual offices have beeng resstotlie 
v " " v o kin 0, 1774. 

greatly increased ; and new, expensive, and oppressive 
offices have been multiplied. — The judges of admiralty 
and vice-admiralty courts are empowered to receive 
their salaries and fees from the effects condemned by 
themselves. — The officers of the customs are empowered 
to break open and enter houses without the authority 
of any civil magistrate, founded on legal information. — 
The judges of courts of common law have been made 
entirely dependent on one part of the legislature for 
their salaries, as well as for the duration of their com- 
missions. — Counsellors holding their commissions dur- 
ing pleasure exercise legislative authority. — Humble 
and reasonable petitions from the representatives of the 
people have been fruitless. — The agents of the people 
have been discountenanced, and governors have been 
instructed to prevent the payment of their salaries. — ^m™f ra " 
Assemblies have been repeatedly and injuriously dis-grievan- 
solved. — Commerce has been burthened with many use- 
less and oppressive restrictions. — By several acts of par- 
liament, made in the fourth, fifth, sixth, seventh, and 
eighth years of your majesty's reign, duties are imposed 
on us, for the purpose of raising a revenue ; and the 
powers of admiralty and vice-admiralty courts are ex- 
tended beyond their ancient limits, whereby our prop- 
erty is taken from us without our consent ; the trial 
by jury in many civil cases is abolished ; enormous for- 
feitures are incurred for slight offences ; vexatious in- 
formers are exempted from paying damages to which 
they are justly liable ; and oppressive security is re- 
quired from owners before they are allowed to defend 
their rights. — Both houses of parliament have resolved 
that colonists may be tried in England for offences 
alledged to have been committed in America, by virtue 
of a statute passed in the thirty-fifth year of Henry the 
Eighth; and in consequence thereof attempts have 



492 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



king, 1774. 



Address been made to enforce that statute. — A statute was 
nfatco^. 10 " passed in the twelfth year of your majesty's reign, 
gress to the directing that persons charged with committing any 
offence therein described, in any place out of the realm, 
may be indicted and tried for the same in any shire or 
county within the realm, whereby inhabitants of these 
colonies may, in sundry cases by that statute made capi- 
tal, be deprived of a trial by their peers of the vicin- 
age. — In the last session of parliament an act. was 
passed for blocking up the harbour of Boston ; another , 
empowering the governor of the Massachusetts Bay, to 
send persons indicted for murder in that province to 
another colony, or even to Great Britain, for trial, 
whereby such offenders may escape legal punishment; 
a third, for altering the chartered constitution of gov- 
ernment in that province ; and & fourth, for extending 
the limits of Quebec, abolishing the English and restor- 
ing the French laws, whereby great numbers of British 
freemen are subjected to the latter ; and establishing an 
absolute government, and the Roman Catholic religion y 
throughout those vast regions that border on the west- 
erly and northerly boundaries of the free, protestant 
English settlements ; and a fifth, for the better providing 
suitable quarters for officers and soldiers in his majes- 
ty's service in North America. 

" To a sovereign who glories in the name of Briton, 
the bare recital of these acts must, we presume, justify 
the loyal subjects, who fly to the foot of the throne 
and implore his clemency for protection against them. 
From this destructive system of colony administration, 
adopted since the conclusion of the last war, have 
flowed those distresses, dangers, fears, and jealousies, 
These the that overwhelm your majesty's dutiful colonists with 
affliction ; and we defy our most subtle and inveterate 



Enumera 
tion of 
grievan- 
ces. 



true and 
only causes 

of dissatis- enemies to trace the unhappy difference between Great 
Britain and these colonies, from an earlier period, or 
from other causes, than we have assigned. Had they 
proceeded on our part from a restless levity of temper, 



THE UNITED STATES OP AMERICA. 493 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

unjust impulses of ambition, or artful suggestions of Address 
seditious persons, we should merit the opprobrious terms °j a \ he c n °_ l0 * 
frequently bestowed upon us by those we revere. Butgresstothe 
so far from promoting innovations, we have only op- mg ' 
posed them ; and can be charged with no offence, unless 
it be one to receive injuries and be sensible of them. 

" Had our Creator been pleased to give us existence 
in a land of slavery, the sense of our condition might 
have been mitigated by ignorance and habit. But 
thanks be to his adorable goodness, we were born the 
heirs of freedom, and ever enjoyed our right under 
the auspices of your royal ancestors, whose family was 
seated on the British throne to rescue and secure a 
pious and gallant nation from the popery and despo- 
tism of a superstitious and inexorable tyrant. Your 
majesty we are confident justly rejoices that your title 
to the crown is thus founded on the title of your peo- 
ple to liberty ; and therefore we doubt not but your 
royal wisdom must approve the sensibility that teaches 
your subjects anxiously to guard the blessings they re- 
ceived from Divine Providence, and thereby to prove from^ope- 
the performance of that compact which elevated the rv and . 
illustrious house of Brunswick to the imperial dignity it the guar- ' 
now possesses. The apprehension of being degraded a , nte< ? *° 
into a state of servitude % from the pre-eminent rank of 
English freemen, while our minds retain the strongest 
love of liberty and clearly foresee the miseries prepar- 
ing for us and for our posterity, excites emotions in 
our breasts which, though we cannot describe, we 
should not wish to conceal. Feeling as men, and think- 
ing as subjects, in the manner we do, silence would be 
disloyalty. By giving this faithful information, we do 
all in our power to promote the great objects of your 
royal cares — the tranquillity of your government, and 
the welfare of your people. Duty to your majesty and 
regard for the preservation of ourselves and our pos. 
terity — the primary obligations of nature and society— - 
command us to entreat your royal attention ; and, as 



494 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address your majesty enjoys the signal distinction of reigning 
nLuon - 10 " over freemen, we apprehend the language of freemen 
gress to the cannot be displeasing. Your royal indignation, we 
ing ' ' hope, will rather fall on those designing and dangerous 
men, who, daringly interposing themselves between 
your royal person, and your faithful subjects, and for 
several years past incessantly employed to dissolve the 
bonds of society, by abusing your majesty's authority, 
misrepresenting your American subjects, and prosecut- 
ing the most desperate and irritating projects of op- 
pression, have at length compelled us, by the force of 
accumulated injuries, too severe to be any longer tol- 
erable, to disturb your majesty's repose by our com- 
plaints. These sentiments are extorted from hearts 
that much more willingly would bleed in your majes- 
ty's service. Yet so greatly have we been misrepre- 
sented, that a necessity has been alledged of taking our 
property from us without our consent to defray the 
charge of the administration of justice ; the support 
of civil government ; and the defence, protection, and 
security of the colonies. But we beg- leave to assure 
pour majesty that such provision has been and will be 
made for defraying the two first articles, as has been 
and shall be judged, by the legislatures of the several 
colonies, just and suitable to their respective circum- 
stances: And for the defence, protection, and security 
of the colonies, their militias, if properly regulated as 
they earnestly desire may immediately be done, would 
be fully sufficient, at least in times of peace ; and in 
case of war, your faithful colonists will be ready and 
willing, as they ever have been when constitutionally 
required, to demonstrate their loyalty to your majesty, 
by exerting their most strenuous efforts in granting sup- 
plies and raising forces. Yielding to no British sub- 
jects in affectionate attachment to your majesty's per- 
son, family, and government, we too dearly prize the 
privilege of expressing that attachment, by those proofs 
that are honorable to the prince who receives them, 



THE UNITED STATES OP AMERICA. 495 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

and the people who give them, ever to assign it to any Address 
body of men upon earth. Had we been permitted to Vj 1 *™ 
enjoy, in quiet, the inheritance left us by our fore-g^sstothe 
fathers, we should, at this time, have been peaceably, to ' 
cheerfully, and usefully employed in recommending 
ourselves, by every testimony of devotion to your maj- 
esty, and of veneration to the state from which we 
derive our origin. But though now exposed to unex- 
pected and unnatural scenes of distress by a contention 
with that nation in whose parental guidance oil all im- 
portant affairs we have hitherto, with filial reverence, 
constantly trusted, and therefore can derive no instruc- 
tion in our present unhappy and perplexing circumstan- 
ces from any former experience ; yet, we doubt not, the 
purity of our intentions and the integrity of our con- 
duct will justify us at that grand tribunal, before which 
all mankind must submit to judgment. We ask but Do not aim 
for peace, liberty, and safety. We wish not a diminu- a io ^ para * 
tionof the prerogatives, nor do we solicit the grant of any 
new right in our favor. Your royal authority over us, 
and our connection with Great Britain, we shall always 
carefully and zealously endeavor to support and main- 
tain. Filled with sentiments of duty to your majesty, 
and of affection to our parent state, deeply impressed 
by our education and strongly confirmed by our rea- 
son,, and anxious to evince the sincerity of these dispo- 
sitions, we present this petition only to obtain a redress 
of grievances and relief from fears and jealousies occa- 
sioned by the system of statutes and regulations adopted 
since the close of the last war, for raising a revenue in 
America — extending the powers of courts of admiralty 
and vice-admiralty— -trying persons in Great Britain for 
offences alledged to be committed in America — affect- 
ing the province of Massachusetts Bay — and altering 
the government and extending the limits of Quebec — 
by the abolition of which system, the harmony between 
Great Britain and the colonies, so necessary to the hap- 
piness of both, and so ardently desired by the latter, 



496 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address and the usual intercourses, will be immediately restored. 
nfaUon - 10 "^ n *ke magnanimity and justice of your majesty and 
gress to the parliament we confide for a redress of our other griev- 
mg ' ' ances, trusting, that when the causes of our apprehen- 
sions are removed, our future conduct will prove us 
not unworthy of the regard we have been accustomed, 
in our happier days, to enjoy. For, appealing to that 
Being who searches thoroughly the hearts of his crea- 
tures, we solemnly profess, that our councils have been 
influenced by no other motive than a dread of impend- 
ing destruction. 
They im- "Permit us then, most gracious sovereign, in the 
Fnterfer- 6 name of all your faithful people in America, with the 
ance of the utmost humility, to implore you; for the honor of 
Almighty God, whose pure religion our enemies are 
undermining ; for your glory, which can be advanced 
only by rendering your subjects happy, and keeping 
them united; for the interest of your family, depending 
on an adherence to the principles that enthroned it; for 
the safety and welfare of your kingdom and dominions, 
threatened with almost unavoidable clangers and dis- 
tresses; that your majesty, the loving father of your 
whole people, connected by the same bonds of law, loy- 
alty, faith and blood, though dwelling in various coun- 
tries, will not suffer the transcendent relation formed 
by these ties to be farther violated, in uncertain expect- 
ation of effects that, if attained, never can compensate 
for the calamities through which they must be gained. 
We therefore most earnestly beseech your majesty, that 
your royal authority and interposition may be used for 
our relief, and that a gracious answer may be given to 
this petition. That your majesty may enjoy every feli- 
city, through a long and glorious reign over loyal and 
happy subjects, and that your descendants may inherit 
your prosperity and dominions till time shall be no 
more, is, and always will be, our sincere and fervent 
prayer." 



THE UNITED STATES OF AMERT<3A. 497 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

Address to the people op Great Britain, Address of 

From the Delegates, appointed by the several English n ; a i C on- 
Colonies of New Hampshire, Massachusetts Bay, jF 688 t0 , 

17 J 1 the people 

Rhode Island and Providence Plantations, Connecti- of Great 
cut, New York, New Jersey, Pennsylvania, the lower 1 ^ m ' 
counties on Delaware, Maryland, Virginia, North 
Carolina, South Carolina, to consider of their griev- 
ances in General Congress, at Philadelphia, Septem- 
ber 5, 1774. 
"Friends and fellow subjects: 

" When a nation led to greatness by the hand of lib- 
erty, and possessed of all the glory that heroism, munifi- 
cence, and humanity can bestow, descends to the un- 
grateful task of forging chains for her friends and chil- 
dren, and instead of giving support to freedom turns 
advocate for slavery and oppression, there is reason to 
suspect she has either ceased to be virtuous, or been 
extremely negligent in the appointment of her rulers. 
In almost every age, in repeated conflicts, in long and 
bloody wars, as well civil as foreign, against many and 
powerful nations, against the open assault of enemies, 
and the more dangerous treachery of friends, have the 
inhabitants of your island, your great and glorious 
ancestors, maintained their independence, and trans- 
mitted the rights of men, and the blessings of liberty 
to you their posterity. 

"Be not surprised, therefore, that we, who are 
descended from the same common ancestors; that we, 
whose forefathers participated in all the rights, the lib- 
erties, and the constitution you so justly boast of, and 
who have carefully conveyed the same fair inheritance 
to us, guaranteed by the plighted faith of government, 
and the most solemn compacts with British Sovereigns, 
should refuse to surrender them to men, who found 
their claims on no principles of reason, and who prose- 
cute them with a design, that by having ovr lives and 
property in their power they may, with the greater 
32 



498 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address of facility, enslave you. The cause of America is now the 
niaicon- °kj ect °f universal attention; it has at length become 
gress to very serious. This unhappy country has not only been 
of Great oppressed, but abused and misrepresented, and the duty 
Britain, we owe ^ Q ourse ives and posterity, to your interest, and 
the general welfare of the British empire, leads us to 
address you on this very important subject: Know 
then, that we consider ourselves, and do insist, that we 
are and ought to be, as free as our fellow subjects in 
Britain, and that no power on earth has a right to take 
our property from us without our consent. That we 
claim all the benefits secured to the subject by the Eng- 
lish constitution, and particularly that inestimable one 
of trial by jury. That we hold it essential to English 
liberty, that no man be condemned unheard, or pun- 
ished for supposed offences, without having an oppor- 
tunity to make his defence. That we think the legisla- 
Romanism ture of Great Britain is not authorized by the constitu- 
tional stltu "tion to establish a religion fraught with sanguinary and 
impious tenets, or to erect an arbitrary form of govern- 
ment in any quarter of the globe. These rights we, as 
well as you, deem sacred. And yet sacred as they are, 
they have, with many others, been repeatedly and fla- 
grantly violated. Are not the proprietors of Great 
Britain lords of their own soil? Can it be taken from 
them without their consent? Will they yield it to the 
arbitrary disposal of any man, or number of men, what- 
ever? You know they will not. Why then are the 
proprietors of the soil of America less lords of their 
property than you are of yours ? Or why should they 
submit it to the disposal of your parliament, or of any 
other parliament or council in the world, not of their 
election? Can the intervention of the sea that divides 
us cause disparity of rights, or can any reason be given 
why English subjects who live three thousand miles 
from the royal palace, should enjoy less liberty than 
those who are three hundred miles distant from it? 



THE UNITED STATES OF AMERICA. 499 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

Reason looks with indignation on such distinctions, and Address of 

. ,, . . , the colo- 

freemen can never perceive their propriety. n i a i con . 

"And vet, however chimerical and unjust such dis-S re88t <> 

J ' ill tlie P e °pl e 

criminations are, the parliament assert, that they have f Great 

a right to bind us in all cases without exception, wheth- 1 ^ m ' 
er we consent or not ; that they may take and use our 
property when and in what manner they please ; that 
we are pensioners on their bounty for all that we pos- 
sess, and can hold it no longer than they vouchsafe to 
permit. Such declarations we consider as heresies in Claims of 
English politics, and which can no more operate to ^eat' 
deprive us of our property, than the interdicts of the 
pope can divest kings of sceptres, which the laws of the 
land and the voice of the people have placed in their 
hands. At the conclusion of the late war — a war ren- 
dered glorious by the abilities and integrity of a minis- 
ter to whose efforts the British empire owes its safety 
and fame — at the conclusion of this war, which was 
succeeded by an inglorious peace formed under the 
auspices of a minister of principles and of a family 
unfriendly to the Protestant cause , and inimical to liberty; 
we say at this period, and under the influence of that 
man, a plan for enslaving your fellow subjects in Amer- 
ica was concerted, and has ever since been pertinacious- 
ly carrying into execution. Prior to this era you were 
content with drawing from us the wealth procured by 
our commerce. You restrained our trade in every way Relations 
that could conduce to your emolument. You exercised Ynlz. ° 
unbounded sovereignty over the sea. You named the 
ports and nations to which alone our merchandise should 
be carried, and with whom alone we should trade, and 
though some of these restrictions were grievous, we 
nevertheless did not complain ; we looked up to you as 
to our parent state to which we were bound by the 
strongest ties, and were happy in being instrumental to 
your prosperity and your grandeur. We call upon you 
yourselves to witness our loyalty and attachment to the 
common interest of the whole empire. Did we not, in 



500 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address of the last war, add all the strength of this vast continent 
niaicon- to tne fo rce which repelled our common enemy? Did 
gress to we not leave our native shores, and meet disease and 
of Great death, to promote the success of British arms in foreign 
f^ 1 "' climates? Did you not thank us for our zeal, and even 
reimburse us large sums of money, which you confessed 
we had advanced beyond our proportion, and far beyond 
our abilities? You did. To what causes then are we 
to attribute the sudden change of treatment, and that 
system of slavery which was prepared for us at the res- 
toration of peace ? Before we had recovered from the 
distresses which ever attend war, an attempt was made 
to drain this country of all its money, by the oppressive 
Stamp Act. Paint, glass, and other commodities which 
you would not permit us to purchase of other nations, 
were taxed; nay, although no wine is made in any 
country subject to the British state, you prohibited our 
procuring it of foreigners, without paying a tax, imposed 
by your parliament, on all we imported. These and 
many other impositions were laid upon us most unjustly 
and unconstitutionally, for the express purpose of rais- 
ing- a revenue. In order to silence complaint, it was, 
indeed, provided that this revenue should be expended 
in America for its protection and defence. These ex- 
actions, however, can receive no justification from a 
pretended necessity of protecting and defending us. 
They are lavishly squandered on court favorites and 
ministerial dependents, generally avowed enemies to 
America, and employing themselves, by partial repre- 
The reve- sentation, to traduce and embroil the colonies. For the 
of e taxa- Gm necessary support of government here, we ever were 
tion - and ever shall be ready to provide. And whenever the 

exigencies of the state may require it, we shall, as we 
have heretofore done, cheerfully contribute our full pro- 
portion of men and money. To enforce this unconsti- 
tutional and unjust scheme of taxation, every force that 
the wisdom of our British ancestors had carefully erect- 
ed against arbitrary power, has been violently thrown 



THE UNITED STATES OF AMERICA. £01 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

down in America, and the inestimable right of trial by Address of 
jury taken away, in cases that touch both life and prop- nia i con . 
erty. It was ordained that whenever offences should g ress t0 

i •,, t • i i • i *h e People 

be committed in the colonies against particular acts of Great 
imposing various duties and restrictions upon trade, the fn*?" 1 ' 
prosecutor might bring his action in courts of admiralty ; 
by which means the subject lost the advantage of being 
tried by an honest uninfluenced jury of the vicinage, 
and was subjected to the sad necessity of being judged 
by a single man, a creature of the crown, and according 
to the course of a law which exempts the prosecutor 
from the trouble of proving his accusation, and obliges 
the defendant either to evince his innocence, or to suf- 
fer. To give this new judicatory the greater import- 
ance, and as if with design to -protect false accusers, it 
is further provided that the judge's certificate of there 
having been probable causes of seizure and prosecution, 
shall protect the prosecutor from actions at common 
law for recovery of damages. 

"By the course of our law, offences committed in niegal tri- 
such of the British dominions in which courts are estab- als - 
lished and justice duly and regularly administered, shall 
be there tried by a jury of the vicinage. There the 
offenders and the witnesses are known, and the degree 
of credibility to be given to their testimony, can be 
ascertained. In all these colonies justice is regularly 
and impartially administered, and yet by the construc- 
tion of some, and the direction of other acts of parlia- 
ment, offenders are to be taken by force, together with 
all such persons as may be pointed out as witnesses, and 
carried to England, there to be tried in a distant land, 
by a jury of strangers, and subject to all the disadvan- 
tages that result from want of friends, want of witnesses, 
and want of money. 

"When the design of raising a revenue from the The Tea 
duties imposed on the importation of tea into America, taxatlon « 
had in a great measure been rendered abortive by our 
ceasing to import that commodity, a scheme was con- 



502 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSKS OP THE REVOLUTION. 



Address of 
the colo- 
nial con- 
gress to 
the people 
of Great 
Britain, 
1774. 



The tea 

destroyed 
at Boston. 



Proceed- 
ings 

against 
Eoston. 



certed by the ministry with the East India Company, 
and an act passed enabling and encouraging them to 
transport and vend it in the colonies. Aware of the 
dangers of giving success to this insidious manoeuvre, 
and of permitting a precedent of taxation thus to be 
established among us, various methods were adopted 
to elude the stroke. The people of Boston (then ruled 
by a governor, whom, as well as his predecessor Sir 
Francis Bernard, all America considers as her enemy) 
were exceedingly embarrassed. The ships which had 
arrived with the tea, were by his management prevented 
from returning. The duties would have been paid ; 
the cargoes landed and exposed to sale ; a governor's 
influence would have procured and -protected many 
purchasers. While the town was suspended by delib- 
erations on this important subject, the tea was destroyed. 
Even supposing a trespass was thereby committed, and 
the proprietors of the tea entitled to damages, the 
courts of law were open, and judges appointed by the 
crown presided in them. The East India Company, 
however, did not think proper to commence any suits, 
nor did they even demand satisfaction, either from 
individuals, or from the community in general. The 
ministry, it seems, officiously made the case their own, 
and the great council of the nation descended to inter- 
meddle with a dispute about private property. Divers 
papers, letters, and other unauthenticated ex parte 
evidence, were laid before them ; neither the persons 
who destroyed the tea, nor the people of Boston, were 
called upon to answer the complaint. The ministry, 
incensed by being disappointed in a favorite scheme, 
were determined to recur from the little acts of finesse, 
to open force and unmanly violence. The port of 
Boston was blocked up by a fleet, and an army placed 
in the town. Their trade was to be suspended, and 
thousands reduced to the necessity of gaining subsist- 
ence from charity, till they should submit to pass under 
the yoke and consent to become slaves, by confessing 



THE UNITED STATES OF AMERICA. 503 

THE COMMERCIAL SYSTEM OF TAXATION. 1'AIIT 111. 



the omnipotence of parliament, and acquiescing in Address of 
whatever disposition they might think -proper to make ]*J Jjjj; 
of their lives and property. gress to 

"Let justice and humanity cease to be the boast of of°G?eat Pe 
your nation ! Consult your history, examine your JKJfV 
records of former transactions, nay, turn to the annals 
of the many arbitrary states and kingdoms that sur- 
round you, and show us a single instance of men con- 
demned to suffer for imputed crimes, unheard, unques- 
tioned, and without even the specious formality of a 
trial, and that too by laws made expressly for the pur- 
pose, and which had no existence at the time of the 
act committed. If it be difficult to reconcile these Proceed- 
proceedings to the genius and temper of your laws and a" alnst 
constitution, the task will become more arduous, when Boston, 
we call upon our ministerial enemies to justify, not 
only condemning men untried and by hearsay, but 
involving the innocent in one common punishment 
with the guilty, and for the act of thirty or forty, to 
bring poverty, distress, and calamity to thirty thousand 
souls, and those not your enemies, but your friends, 
brethren, and fellow-subjects. 

"It would be some consolation to us, if the cata- Ancient 
logue of American oppressions ended here. It gives ri s nts de - 

. ai • stroyed. 

us pain to be reduced to the necessity of reminding 
you, that under the confidence reposed in the faith of 
government, pledged in a royal charter from a British 
sovereign, the forefathers of the present inhabitants of 
the Massachusetts Bay left their former habitations, 
and established that great, flourishing, and loyal col- 
ony. Without incurring or being charged with a for- 
feiture of their rights, without being heard, without 
being tried, without law, and without justice, by an act 
of parliament, their charter is destroyed, their liberties 
violated, their constitution and form of government 
changed : and all this upon no better pretence, than 
because in one of their towns a trespass was committed 
on some merchandise, said to belong to one of the 



504 THE GOVERNMENTAL HISTORY OP 

PAKT III. ORIGIN AN1> CADSKrf OF XHE ltJiVULUi'IOX. 

Address of companies, and because the ministry were of opinion 
the colo- ^at sucn high political regulations were neoessarv to 

nial con- ° ■ x . ° j w 

gressto compel due subordination and obedience to their man- 
of G G?eat Ple datcs - Nor are tliese the 01ll y capital grievances under 
Britain, -which we labour. We might tell of dissolute, weak, 
and wicked governors having been set over us; of 
legislatures being suspended for asserting the rights of 
British subjects ; of needy and ignorant dependents on 
great men, advanced to the seats of justice, and to 
other places of trust and importance ; of hard restric- 
tions on commerce, and a great variety of lesser evils, 
the recollection of which is almost lost under the 
weight and pressure of greater and more poignant 
calamities. 
Design of u Now mark the progression of the ministerial plan 
ministry to f ens i av i n <r us . . Well aware that such hardy at- 

enBiave the J ° J 

Colonies, tempts to take our property from us, to deprive us of 
that valuable right of trial by jury, to seize our ports, 
to destroy our charters, and change our forms of gov- 
ernment, would occasion, and had already occasioned, 
great discontent in the colonies, which might produce 
opposition to these measures ; an act was passed to 
protect, indemnify, and screen from punishment, such 
as might be guilty even of murder, in endeavouring to 
carry their oppressive edicts into execution ; And by 
another act the dominion of Canada is to be so ex- 
Romanism tended, modelled and governed, as that by being disu- 
testantism n ^ ed fr° m 11S > detached from our interests, by civil as 
antago- well as religious prejudices ; that by their numbers 
daily swelling by catholic emigrants from Europe, and 
by their devotion to administration, so friendly to their 
religion, they might become formidable to us ; and on 
occasion be fit instruments in the hands of power, to 
reduce the ancient, free, protectant colonies to the same 
state of slavery with themselves. This was evidently 
the object of the act, and in this view, being extremely 
dangerous to our liberty and quiet, we cannot forbear 
complaining of it as hostile to British America. Su- 



THE UNITED STATES OF AMERICA. 505 



THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

peradded to these considerations, we cannot help Address of 
deploring the unhappy condition to which it has re- ^ c c ° °J 
duced the many English settlers, who, encouraged by grees to 
the royal proclamation promising the enjoyment of all of^jreat ° 
their rights, have purchased estates in that country. B i*** Sn ! 
They are now the subjects of an arbitrary government, 
deprived of trial by jury, and when imprisoned cannot 
claim the benefit of the Habeas Corpus act, that great 
bulwark and palladium of English liberty. Nor can 
we suppress our astonishment that a British parliament 
should ever consent to establish in that country, a 
religion that has deluged your Island in blood, and dis- 
persed impiety, bigotry, persecution, murder and rebel- 
lion through every part of the world. 

"This being the true state of facts, let us beseech Combina- 
you to consider to what end they lead. Admit that 11 ? 11 . / 

J J ministry 

the ministry, by the powers of Britain, and the aid of with the 
our Roman Catholic neighbors, should be able to carry catholics 
the point of taxation, and reduce us to a state of per-iu Canada. 
feet humiliation and slavery. Such an enterprise 
would doubtless make some addition to your national 
debt, which already presses down your liberties, and 
fills you with pensioners and placemen. We presume 
also, that your commerce will somewhat be diminished. 
However, suppose you should prove victorious, in what The result 
condition will you then be ? What advantages or what to English 
laurels will you reap from such a conquest ? May not 
a ministry with the same armies enslave you ? It may 
be said, you will cease to pay them ; but remember the 
taxes from America, the wealth, and we may add the 
men, and particularly the Roman Catholics of this vast 
continent, will then be in the power of your enemies ; 
nor will you have any. reason to expect that after 
making slaves of us, many among us should refuse to 
assist in reducing you to the same abject state. Do 
not treat this as chimerical. Know that in less than 
half a century, the quit-rents reserved to the crown, 
from the numberless grants of this vast continent, will 



506 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address of pour large streams of wealth into the royal coffers ; 
nkl ton- anc ^ ^ to ^" s ^ e a( ^ded the power of taxing America 



gress to at pleasure, the crown will be rendered independent 
o/Great * of y0U f° r supplies, and will possess more treasure 
Bri^i 11 , than may be necessary to purchase the remains of lib- 
erty in your island. In a word, take care that you do 
not fall into the pit that is preparing for us. 

"We believe there is yet much virtue, much justice, 
and much public spirit in the English nation ; to that 
justice we now appeal. You have been told that we 
are seditious, impatient of government, and desirous 
of independency. Be assured that these are not facts, 
but calumnies. Permit us to be free as yourselves, 
Their alle- and we shall ever esteem a union with you to be our 
England? g rea test glory and our greatest happiness. We shall 
ever be ready to contribute all in our power to the 
glory of the empire. We shall consider your enemies 
as our enemies, and your interest as our own. But if 
you are determined that your ministers shall wantonly 
sport with the rights of mankind ; if neither the voice 
of justice, the dictates of the law, the principles of the 
constitution, nor the suggestions of humanity, can 
restrain your hands from shedding human blood in 
such an impious cause, we must then tell you that we 
will never submit to be hewers of wood or drawers of 
water for any ministry or nation in the world. Place 
us in the same situation that we were at the close of 
* 1Y63. the last war,* and our former harmony will be restored. 
" But lest the same supineness and the same inatten- 
tion to our common interests which you have for sev- 
eral years shown, should continue, we think it prudent 
to anticipate the consequences. By the destruction of 
the trade of Boston, the ministry have endeavored to 
induce submission to their measures. The like fate 
Retaliato- may befall us all. We will endeavor, therefore, to live 

ry meas- w ifliout trade, and recur for subsistence to the fertility 
ures. ' 

and bounty of our native soil, which will afford us all 

the necessaries and some of the conveniences of life. 



THE UNITED STATES OF AMERICA. 507 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

We have suspended our importations from Great Brit- Address of 
ain and Ireland ; and in less than a year's time, unless ni fj °° °~ 
our grievances should be redressed, shall discontinue g r <^s to 
our exports to those kingdoms and the West Indies. f Greaf 6 
It is with the utmost regret, however, that we find ?" taiQ > 

17/4. 

ourselves compelled, by the overruling principles of 
self-preservation, to adopt measures detrimental in their 
consequences to numbers of our fellow-subjects in 
Great Britain and Ireland. But we hope that the 
magnanimity and justice of the British nation will fur- 
nish a parliament of such wisdom, independence, and 
public spirit, as may save the violated rights of the 
whole empire from the devices of wicked ministers and 
evil counsellors, whether in or out of office ; and 
thereby restore that harmony, friendship, and fraternal 
affection, between all the inhabitants of his majesty's 
kingdoms and territories, so ardently sought for by 
every true and honest American." 



Address to the Inhabitants of the Colonies 
Of New Hampshire, Massachusetts Bay, Rhode Island 
and Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, the Counties of New- 
castle, Kent, and Sussex, on Delaware, Maryland, 
Virginia, North Carolina, South Carolina. 

" Friends and Countrymen, 
" We, the Delegates -appointed by the good people of Address to 
these colonies to meet at Philadelphia in September uautsof* 
last, for the purposes mentioned by our respective con- t] ? e 1 ol °" 
stituents, have, in pursuance of the trust reposed in us, America, 
assembled, and taken into our most serious considera- 
tion the important matters recommended to the con- 
gress. Our resolutions thereupon will be herewith 
communicated to you. But as the situation of public 
affairs grows daily more and more alarming; and as it 
may be more satisfactory to you to be informed by us 
in a collective body, than in any other manner, of those 
sentiments that have been approved upon a full and 



508 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address of free discussion, by the representatives of so great a 
the colo- r j. f America, we esteem ourselves obliged to add this 

mal con- * » ° 

gress to address to these resolutions. In every case of opposi- 
itants of " *i° n DV a P e °pl e t° their rulers, or of one state to an- 
the colo- other, duty to Almighty God, the Creator of all, 
' requires that a true and impartial judgment be formed 
of the measures leading to such opposition, and of the 
causes by which it has been provoked, or can in any 
degree be justified ; that neither affection on the one 
hand nor resentment on the other being permitted to 
give a wrong bias to reason, it may be enabled to take 
a dispassionate view of all circumstances, and to settle 
the public conduct on the solid foundations of wisdom 
and justice. From councils thus tempered arise the 
surest hopes of the divine favour, the firmest encour- 
agement to the parties engaged, and the strongest 
recommendation of their cause to the rest of mankind. 
With minds deeply impressed by a sense of these 
truths, we have diligently, deliberately, and calmly 
inquired into and considered those exertions, both of 
the legislative and executive power of Great Britain, 
which have excited so much uneasiness in America ; 
and have, with equal fidelity and attention considered 
the conduct of the colonies. Upon the whole, we find 
ourselves reduced to the disagreeable alternative of 
being silent and betraying the innocent, or of speak- 
ing out and censuring those we wish to revere. In 
making our choice of these distressing difficulties, we 
prefer the course dictated by honesty and a regard for 
the welfare of our country. 
The reve- « s 00n after the conclusion of the late war, there 
nue policy. commenced a memor able change in the treatment of 
these colonies. By a statute made in the fourth year 
of the present reign, a time of profound peace, alledg- 
ing f the expediency of new provisions and regulations 
for extending the commerce between Great Britain and 
his majesty's dominions in America, and the necessity 
of raising a revenue in the said dominions for defray- 



THE UNITED STATES OF AMERICA. 509 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

ing the expenses of defending, protecting, and securing Address of 
the same,' the commons of Great Britain undertook fo n i a i con " 
give and grant to his majesty many rates and duties to S 1- ^ to the 
be paid in these colonies. To enforce the observance ant s f the 
of this act, it prescribes a great number of severe pen- ™ ! ° mes > 
alties and forfeitures ; and in two sections makes a 
remarkable distinction between the subjects in Great 
Britain and those in America. By the one the penal- 
ties and forfeitures incurred there, are to be recovered 
in any of the king's courts of record at "Westminster, 
or in the court of exchequer in Scotland ; and by the 
other the penalties and forfeitures incurred here, are 
to be recovered in any court of record, or in any court 
of admiralty or vice-admiralty, at the election of the 
informer or prosecutor : The inhabitants of these colo- 
nies, confiding in the justice of Great Britain, were 
scarcely allowed sufficient time to receive and consider 
this act, before another, well known by the name of 
the Stamp Act, and passed in the fifth year of this The Stamp 
reign, engrossed their whole attention. By this stat- Act< 
ute the British parliament exercised in the most ex- 
plicit manner a power of taxing us; and extending the 
jurisdiction of courts of admiralty and vice-admiralty, 
in the colonies, to matters arising within the body of a 
county ; and directed the numerous penalties and for- 
feitures thereby inflicted, to be recovered in the said 
courts : In the same year a tax was imposed upon us, 
by an act establishing several new fees in the customs : 
In the next year the Stamp Act was repealed ; not 
because it was founded in an erroneous principle, but, 
as the repealing act recites, because ' the continuance 
thereof would be attended with many inconveniences, 
and might be productive of consequences greatly det- 
rimental to the commercial interests of Great Britain.' 
In the same year, and by a subsequent act, it was de- 
clared ' that his majesty in parliament, of right, had 
power to bind the people of these colonies by statutes Th , , 
in all cases whatsoever:'' In the same year, another atory act. 



510 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address of act was passed for imposing rates and duties payable in 

nial con- these colonies. In this statute the commons, avoiding 

gresstothethe terms of giving and granting, l humbly besought 

ants of the his majesty that it might be enacted,' &c. But from a 

colonies, declaration in the preamble, that the rates and duties 

were in lieu of several others granted by the statute 

first before mentioned for raising a revenue, and from 

some other expressions, it appears that these duties 

were intended for that purpose. In the next year"an 

act was made ' to enable his majesty to put the customs 

and other duties in America, under the management of 

Executive commissioners,' <fcc, and the king therefore erected the 

board of , ■■ *, P 4 n .i 

present expensive board ot commissioners, lor the 



commis- 



sioners, express purpose of carrying into execution the several 
acts relating to the revenue and trade in America. 

"After the repeal of the Stamp Act, having again 
resigned ourselves into our ancient unsuspicious affec- 
tions for the parent state ; and anxious to avoid any 
controversy with her, in hopes of a favorable alteration 
in sentiments and measures towards us, we did not 
press our objections against the above-mentioned stat- 
utes made subsequent to that repeal. Administration, 
attributing to trifling causes a conduct which really 
proceeded from generous motives, were encouraged in 
the same year to make a bolder experiment on -the 
The com patience of America. By a statute commonly called 
mercial ^he a-i ass paper and tea act, made fifteen months after 

duty acts, ° 

1767. the repeal of the Stamp Act, the commons of Great 
Britain resumed their former language, and again 
undertook to 'give and grant rates and duties to be 
paid in these colonies,'' for the express purpose of ' rais- 
ing a revenue to defray the charges of the administra- 
tion of justice, the support of civil government, and de- 
fending the king's dominions' 1 on this continent. The 
penalties and forfeitures, incurred under this statute, 
are to be recovered in the same manner with those 
mentioned in the foregoing acts. To this statute so 
naturally tending to disturb the tranquillity then uni- 



THE UNITED STATES OF AMERICA. 511 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

versal throughout the colonies, parliament in the same Address of 
session added another no less extraordinary. Ever^^J 
since the making of the present peace, a standing army gresstothe 
has been kept in these colonies. From respect to the ant s of the 
mother country, the innovation was not only tolerated, j°' omes > 
but the provincial legislatures generally made provis- 
ion for supplying the troops. The assembly of the 
province of New York having passed an act of this 
kind, but differing in some articles from the directions 
of the act of parliament made in the fifth year of this 
reign, the house of representatives in that colony was 
prohibited, by a statute made in the last session men- 
tioned, from making any bill, order, resolution, or vote, 
except for adjourning or choosing a speaker, until pro- The re- 
vision should be made by the said assembly for fur- acTa^amst 
nishing the troops within that province, not only with Xew Voik - 
all such necessaries as were required by the statute 
which they were charged with disobeying, but also 
with those required by two other subsequent statutes, 
which were declared to be in force until the twenty- 
fourth day of March, 1769: These statutes of the 
year 1767 revived the apprehensions and discontents 
that had entirely subsided on the repeal of the Stamp 
Act; and amidst the just fears and jealousies thereby 
occasioned, a statute was made in the next year to 1Y68. 
establish courts of admiralty and vice-admiralty on a 
new model, especially for the end of more effectually 
recovering of the penalties and forfeitures inflicted by 
the acts of parliament framed for the purpose of rais- 
ing a revenue in America, &c. 

"The immediate tendency of these statutes is, to sub- Unconsti- 
vert the right of having a share in legislation, by ren- ^these* 7 
dering assemblies useless; the right of property, by acts, 
taking the money of the colonists without their consent ; 
the right of trial by jury, by substituting in their place 
trials in admiralty and vice-admiralty courts, where 
single judges preside, holding their commissions during 
pleasure; and unduly to influence the courts of com- 



512 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address of mon j aw? Dv rendering the judges thereof totally de- 
nial Con- pendent on the crown for their salaries. These stat- 
theTnhab'- u ^ es > no * to mention many others exceedingly excep- 
tants of the tionable, compared one with another, will be found not 
11H. ' on ^y ^° form a regular system, in which every part has 
great force, but also a pertinacious adherence to that 
system, for subjugating these colonies, that are not, and 
from local circumstances cannot be, represented in the 
House of Commons, to the uncontroulable and unlim- 
ited power of parliament, in violation of their undoubt- 
ed rights and liberties, in contempt of their humble and 
repeated supplications. This conduct must appear 
equally astonishing and unjustifiable, when it is con- 
sidered how unprovoked it has been by any behaviour 
Loyalty of of these colonies. From their first settlement their 
nies!° " bitterest enemies never fixed upon them a charge of 
disloyalty to their sovereign or disaffection to the mother 
country. In the wars she has carried on, they have 
exerted themselves whenever required, in giving her 
assistance ; and have rendered her services, which she 
has publicly acknowledged to be extremely important. 
Their fidelity, duty, and usefulness during the last war, 
were frequently and affectionately confessed by his late 
majesty and the present king. The reproaches of those 
who are most unfriendly to the freedom of America, 
Defence of are principally levelled against the province of Massa- 
setoBay.' chusetts Bay; but with what little reason, will appear 
by the following declarations of a person, the truth of 
whose evidence, in their favor, will not be questioned. 
Governor Bernard thus addresses the two houses of 
assembly, in his speech on the twenty-fourth of April, 
1762 — 'The unanimity and despatch with which you 
have complied with the requisitions of his majesty re- 
Testimony quire my particular acknowledgment. And it gives 
Bernard me additional pleasure to observe, that you have therein 
1762. acted under no other influence than a due sense of your 
duty, both as members of a general empire, and as the 
body of a particular province.' In another speech on 



THE UNITED STATES OF AMERICA. 513 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

the twenty-seventh of May in the same year, he says — Address of 
. ' Whatever shall be the event of the war, it must be n j al Con _ 
no small satisfaction to us that this province hath con- S, rcs . s *° , . 

x the nihabi- 

tributed its full share to the support of it. Every thing tantsofthe 
that hath been required of it hath been complied with,™?™*' 
and the execution of the powers committed to me for 
raising the provincial troops hath been as full and com- 
plete as the grant of them. Never before were regi- 
ments so easily levied, so well composed, and so early 
in the field as they have been this year: The common 
people seemed to be animated with the spirit of the 
general court, and to vie with them in their readiness 
to serve the king.' 

"Such was the conduct of the people of the Massa- Defence of 
chusetts Bay during the last war. As to their bchav- sett g Bay. 
iour before that period, it ought not to have been for- 
gotten in Great Britain, that not only on every occasion 
they had constantly and cheerfully complied with the 
frequent royal requisitions; but that chiefly by their 
vigorous efforts Nova Scotia was subdued in 1710, and 
Louisbourg in 1745. Foreign quarrels being ended, 
and the domestic disturbances that quickly succeeded 
on account of the Stamp Act being quieted by its repeal, 
the assembly of Massachusetts Bay transmitted an 
humble address of thanks to the king and divers noble- 
men, and soon after passed a bill granting compensa- 
tion to the sufferers in the disorder occasioned by that 
act. These circumstances and the following extracts 
from Governor Bernard's letters in 1768, to the Earl- 
of Shelburne, secretary of state, clearly show with what 
grateful tenderness they strove to bury in oblivion the 
unhappy occasion of the late discords, and with what 
respectful deference they endeavored to escape other 
subjects of future controversy: 'The House, (says the Further 
Governor) from the time of opening the session to this ^Gov" 7 
clay, has shown a disposition to avoid all dispute with Bernard, 

1768-69 

me, every thing having passed with as much good 
humor as I could desire, except only their continuing 
33 



514 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address of to act in addressing the king, remonstrating' to the sec- 
rdai Con- retai T °f state, and employing a separate agent. It is 
gress to the importance of this innovation, without any willfulness 
tants of the °f m y own, which induces me to make this remonstrance 
colonies, a £ a i[ mQ w ] ien \ have a fair prospect of having in all 
other business nothing but good to say of the proceed- 
* January ings of the house.'* 'They have acted in all things, 
21, 1768. even - m their remonstrance, with temper and modera- 
tion; they have avoided some subjects of dispute, and 
have laid a foundation for removing some causes of 
{•January former altercation.'! 'I shall make such a prudent 
30, 1768. aiic i p r0 p Cr llse f this letter as, I hope, will perfectly 
restore the peace and tranquillity of this province, for 
which purpose considerable steps have been made by 
\ February the house of representatives. ':£ The vindication of the 
'' province of Massachusetts Bay contained in these let- 

ters, will have greater force, if it be considered that 
Defence of they were written several months after the fresh alarm 
M *te B hU " gi yen to the colonies by the statutes passed in the pre- 
ceding year. In this place it seems proper to take 
notice of the insinuation of one of these statutes, that 
the interference of parliament was necessary to pro- 
vide for ' defraying the charge of the administration of 
justice, the support of civil government, and defending 
the king's dominions in America:' As to the two first 
articles of expense ; every colony had made such pro- 
vision as by their respective assemblies, the best judges 
on such occasions, was thought expedient and suitable 
to their several circumstances: Respecting the last; 
it is well known to all men the least acquainted with 
American affairs, that the colonics were established, and 
generally defended themselves, without the least assist- 
ance from Great Britain; and that at the time of her 
taxing them by the statutes before mentioned, most of 
them were labouring under very heavy debts contracted 
in the last war. So far were they from sparing their 
money when their sovereign constitutionally asked their 
aids, that during the course of that war parliament 



THE UNITED STATES OP AMERICA. 515 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

repeatedly made them compensations for the expenses Address of 
of those strenuous efforts, which, consulting their zeal nia j con . 
rather than their strength, they had cheerfully incurred. s res ? J , . 

B ' J J . the mhabi- 

Severe as the acts of parliament before mentioned are,tantsofthe 
yet the conduct of administration hath been equally j°! 7 °° ies ' 
injurious and irritating, to this devoted country. Under 
pretence of governing them, so many new institutions, innova- 

.„,..-,,, , , . , j Ttionsofthe 

uniformly rigid and dangerous, have been introduced crown an d 
as could only be expected from incensed masters, forP arlia- 
collecting the tribute, or rather the plunder of con- 
quered provinces. By order of the king, the authority 
of the commander-in-chief, and, under him, of the 
brigadier-generals, in time of peace, is rendered su- 
preme in all the civil governments in America; and 
thus an uncontrollable military power is vested in offi- 
cers not known to the constitution of these colonies. 
A large body of troops, and a considerable armament Enumera- 
of ships of war, have been sent to assist in taking their gj^ial 
money without their consent — expensive and oppress- grievances, 
ive offices have been multiplied, and the arts of corrup- 
tion industriously practiced to divide and destroy — the 
judges of the admiralty and vice-admiralty courts are 
empowered to receive their salaries and fees from the 
effects to be condemned by themselves — the commis- 
sioners of the customs are empowered to break open 
and enter houses without the authority of any civil 
magistrate founded on legal information — judges of 
courts of common law have been made entirely depend- 
ent on the crown for their commissions and salaries — 
a court has been established at Rhode Island for the 
purpose of taking colonists to England to be tried — 
humble and reasonable petitions from the representa- 
tives of the people have been frequently treated with 
contempt; and assemblies have been repeatedly and 
arbitrarily dissolved; from some few instances it will 
sufficiently appear on what pretences of justice these 
dissolutions have been founded. 

" The tranquillity of the colonies having been again 



516 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address disturbed, as has been mentioned, by the statutes of the 

niau e on - 10 ~y ear 1767 ' the earl of Hillsborough, secretary of state, 
guess to in a letter to governor Bernard, dated April 22, 1768, 

the inhab- , , , . n , , , » , 

Hants of censures the presumption ot the house of representa- 
tive colo- tives for ' resolving upon a measure of so inflammatory 
a nature as that of writing- to the other colonies on the 
subject of their intended representations against some 
late acts of parliament J then declares that — ' his maj- 
esty considers this step as evidently tending to create 
unwarrantable combinations to excite an unjustifiable 
opposition to the constitutional authority of parlia- 
ment' — and afterwards adds, 'It is the king's pleasure, 
that as soon as the general court is again assembled, at 
Interfer- the time prescribed by the charter, you should require 
Lord °f * ne house of representatives, in his majesty's name, to 
Hiiisbor- rescind the resolution which gave birth to the circular 
letter from the speaker, and to declare their disappro- 
bation of and dissent to that rash and hasty proceed- 
ing. If the new assembly should refuse to comply with 
his majesty's reasonable expectation it is the king's 
pleasure that you should immediately dissolve them.' 
Interfer- » This letter being laid before the house, and the reso- 

ence with . . _. .. _ 

assemblies, lutions not being rescinded according to order, the 
assembly was dissolved. A letter of a similar nature 
was sent to other governors to procure resolutions ap- 
proving the conduct of the representatives of Massa- 
chusetts Bay, to be rescinded also ; and the houses of 
representatives in other colonies refusing to comply, 
assemblies were dissolved : These mandates spoke a lan- 
guage to which the ears of English subjects had for 
several generations been strangers. The nature of as- 
semblies implies a power and right of deliberation, but 
these commands, proscribing the exercise of judgment 
on the propriety of the requisitions made, left to the 
assemblies only the election between dictated submis- 
sion and threatened punishment ; a punishment too, 
founded on no other act, than such as is deemed inno- 
cent even in slaves — of agreeing in petitions for redress 



THE UNITED STATES OF AMERICA. 517 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

of grievances that equally affect all. The hostile and Address 
unjustifiable invasion of the town of Boston soon fol- nia i con . 
lowed these events in the same year ; though that town, s; ress *° 

-i ° .the mhab- 

the province in which it is situated, and all the colonies, Hants of 
from abhorrence of a contest with their parent state, ^j^ 00 ]^ 
permitted the execution even of those statutes against invasion 
which they so unanimously were complaining, remon- ofBostOD ' 
strating, and supplicating. 

"Administration, determined to subdue a spirit of combina- 
freedom, which English ministers should have rejoiced [ n °° ;s t ^y 
to cherish, entered into a monopolizing combination wit" the 
with the East India Company, to send to this continent company, 
vast quantities of tea, an article on which a duty was 
laid by a statute, that, in a particular manner, attacked 
the liberties of America, and which therefore, the in- 
habitants of these colonies had resolved not to import. 
The cargo sent to South Carolina was stored and not 
allowed to be sold. Those sent to Philadelphia and 
New York were not permitted to be landed. That sent 
to Boston was destroyed, because governor Hutchinson 
would not suffer it to be returned. On the intelligence 
of these transactions arriving in Great Britain, the pub- 
lic spirited town last mentioned, was singled out for 
destruction, and it was determined the province it be- 
longs to should partake of its fate. In the last session 
of parliament therefore, were passed the acts for shut- 
ting up the port of Boston, indemnifying the murderers The Bos- 
of the inhabitants of Massachusetts Bay, and changing * on P° rt 
their chartered constitution of government. To en- 
force these acts, that province is again invaded by a 
fleet and army. To mention these outrageous proceed- 
ings is sufficient to explain them. For though it is pre- invasion 
tended that the province of Massachusetts Bay has been chusetts 1 " 
particularly disrespectful to Great Britain, yet in truth Ba y> al0Q e, 
the behaviour of the people in other colonies has been 
an equal ' opposition to the power assumed by parlia- 
ment.' No step, however, has been taken against any 
of the rest. This artful conduct conceals several de- 



518 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address signs. It is expected that the province of Massachu- 
ofthecoio- tt g a w qi J3 G i rr itated into some violent action that 

nial con- J 

gress to may displease the rest of the continent, or that may 
itantsof 1 ' induce the people of Great Britain to approve the medi- 
the colo- tated vengeance of an imprudent and exasperated min- 
istry. If the unexampled pacific temper of that pro- 
vince shall disappoint this part of the plan, it is hoped 
the other colonies will be so far intimidated as to desert 
Th . eiI \, . their brethren suffering in a common cause, and that 

union their ° 

strength, thus disunited all may be subdued. To promote these 
designs another measure has been pursued. In the 
session of parliament last mentioned, an act was passed 
The Que- for changing the government of Quebec, by which act 
bee bill. ft lG R oman Catholic religion, instead of being tolerated 
as stipulated by the treaty of peace, is established; and 
the people there are deprived of a right to an assembly, 
trials by jury, and the English laws in civil cases are 
abolished, and instead thereof the French laws are es- 
tablished, in direct violation of his majesty's promise 
by his royal proclamation, under the faith of which 
many English subjects settled in that province ; and 
the limits of that province are extended so as to com- 
prehend those vast regions that lie adjoining to the 
northerly and westerly boundaries of these colonies. The 
authors of this arbitrary arrangement flatter themselves 
that the inhabitants, deprived of liberty, and artfully 
provoked against those of another religion, will be 
proper instruments for assisting in the oppression of 
such as differ from them in modes of government and 
faith. From the detail of facts herein before recited, 
as well as from authentic intelligence received, it is 
clear beyond a doubt, that a resolution is formed and 
now carrying into execution, to extinguish the freedom 
of these colonies by subjecting them to a despotic gov- 
ernment. 
Authority "At this unhappy period, we have been authorized 
of the an( j directed to meet and consult together for the wel- 
fare of our common country. We accepted the im- 



Its design. 



congress. 



THE UNITED STATES OF AMERICA. 519 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



portant trust with diffidence, but have endeavored to Address 
discharge it with integrity. Though the state of these ^^ °" 
colonies would certainly justify other measures than we ^p 58 ? J , 
have advised, yet weighty reasons determined us to Hants of 
prefer those we have adopted. In the first place, it ap- ^ g c0 1 1 ^ 4> 
peared to us a conduct becoming the character the colo- 
nies have ever sustained, to perform, even in the midst 
of the unnatural distresses and imminent dangers that 
surround them, every act of loyalty ; and therefore, we 
were induced once more to offer to his majesty the pe- 
titions of his faithful and oppressed subjects in America : 
Secondly, regarding with the tender affection, which 
we knew to be so universal among our countrymen, the 
people of the kingdom from which we derive our origin, 
we could not forbear to regulate our steps by an ex- 
pectation of receiving full conviction that the colonists 
are equally dear to them. Between these provinces concilia- 
and that body subsists the social bond, which we ar_ ^the'eon- 
dently wish may never be dissolved, and which cannot gress. 
be dissolved until their minds shall become indisputa- 
bly hostile, or their inattention shall permit those who 
are thus hostile to persist in prosecuting with the 
powers of the realm, the destructive measures already 
operating against the colonists ; and, in either case, 
shall reduce the latter to such a situation, that they 
shall be compelled to renounce every regard but that 
of self-preservation. Notwithstanding the violence 
with which affairs have been impelled, they have not 
yet reached that fatal point. We do not incline to ac- No* rcvo- 
celerate their motion, already alarmingly rapid ; we 
have chosen a method of opposition that does not pre- 
clude a hearty reconciliation with our fellow-citizens 
on the other side of the Atlantic. We deeply deplore 
the urgent necessity that presses us to an immediate 
interruption of commerce that may prove injurious to 
them. We trust they will acquit us of any unkind in- 
tentions towards them, by reflecting, that we are driven 
by the hands of violence into unexperienced and unex- 



520 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address pected public convulsions, and that we are contending 
Q ial ^' C Q. ' for that freedom so often contended for by our ances- 
gress to tors. The people of England will soon have an oppor- 
itantsof tunity of declaring their sentiments concerning our 
the colo- cause> j n their piety, generosity, and good sense, we 
repose high confidence ; and cannot, upon a review of 
past events, be persuaded that they, the defenders of 
true religion, and the asserters of the rights of man- 
kind, will take part against their affectionate protestant 
brethren in the colonies, in favour of our open and 
their own secret enemies, whose intrigues, for several 
years past, have been wholly exercised in sapping the 
foundations of civil and religious liberty. 
Further "Another reason that engaged us to prefer the com- 
for adopt- merc i a l mode of opposition, arose from an assurance 
ingthis that the mode will prove more efficacious, if it be per- 
redress. sisted in with fidelity and virtue ; and that your con- 
duct will be influenced by these laudable principles, 
cannot be questioned. Your own salvation and that 
of your posterity, now depend upon yourselves. You 
have already shown that you entertain a proper sense 
of the blessings you are striving to retain. Against the 
temporary inconveniences you may suffer from a stop- 
page of trade, you will weigh in the opposite balance 
the endless miseries you and your descendants must 
endure from an established arbitrary power. You will 
not forget the honor of your country, that must from 
your behaviour take its title in the estimation of the 
world to glory or to shame : And you will, with the 
Conclusion deepest attention, reflect that if the peaceable mode of 
address, opposition recommended by us be broken and rendered 
ineffectual, as your cruel and haughty ministerial ene- 
mies, from a contemptuous opinion of your firmness, 
insolently predict will be the case, you must inevitably 
be reduced to choose, cither a more dangerous contest, 
or a final, ruinous, and infamous submission. 

" Motives thus cogent, arising from the emergency of 
your unhappy condition, must excite your utmost dili- 



THE UNITED STATES OF AMERICA. 521 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

gence and zeal, to give all possible strength and energy 
to the pacific measures calculated for your relief. But 
we think ourselves bound in duty to observe to you, 
that the schemes agitated against the colonies have 
been so conducted as to render it prudent that you 
should extend your views to mournful events, and be 
in all respects prepared for every contingency. Above 
all things we earnestly entreat you, with devotion of 
spirit, penitence of heart, and amendment of life, to 
humble yourselves, and implore the favor of Almighty 
God ; and we earnestly beseech his divine goodness to 
take you into his gracious protection." 



The committee appointed to prepare an address to 
the inhabitants of Quebec, reported a draft, which was 
read, and, being debated by paragraphs, was approved 
and adopted, as follows: 

"To the Inhabitants of the Province of Quebec: 

"Friends and fellow-subjects: We, the delegates of Address of 
the colonies of New Hampshire ; Massachusetts Bay ; ]J® c ^_ 
Rhode Island and Providence Plantations ; Connecticut ; gresstothe 
New York ; New Jersey ; Pennsylvania ; the counties of Quebec, 
of New-Castle, Kent and Sussex on Delaware; Mary- im> 
land ; Virginia ; North Carolina ; and South Carolina ; 
deputed by the inhabitants of the said colonies to rep- Preamble, 
resent them in a general congress, at Philadelphia, in 
the province of Pennsylvania, to consult together con- 
cerning the best methods to obtain redress of our 
afflicting grievances; having accordingly assembled 
and taken into our most serious consideration the state 
of public affairs on this continent, have thought proper 
to address your province, as a member therein deeply 
interested. 

" When the fortune of war, after a gallant and glo- Accession 
rious resistance, had incorporated you with the body ^^1 
of English subjects, we rejoiced in the truly valuable ^Empire, 
addition, both on our own and your account; expect- 
ing, as courage and generosity are naturally united, 



522 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address of our brave enemies would become our hearty friends, 
the oolo- an( j t j iat t j ie j)ivine Being would bless to you the dis- 

iiiSii con- # 

gresstothepensation of his overruling providence, by securing to 

of Quebec you, and your latest posterity, the inestimable advanta- 

17Y4. g es f a jy ee English constitution of government, 

which it is the privilege of all English subjects to 

enjoy. 

"These hopes were confirmed by the king's procla- 
mation, issued in the year 1763, plighting the public 
faith for your full enjoyment of those advantages. 
Little did we imagine that any succeeding ministry 
would so audaciously and cruelly abuse the royal au- 
thority as to withhold from you the fruition of the 
irrevocable rights to which you were thus justly en- 
titled. 
The rights " But since we have lived to see the unexpected time 
to which w } ien ministers of this flagitious temper have dared to 

they are ° x 

entitled, violate the most sacred compacts and obligations ; and 
which they as vou > educated under another form of government, 
are de- have artfully been kept from discovering the unspeak- 

privccL 

able worth of that form you are now undoubtedly en- 
titled to, we esteem it our duty, for the weighty reasons 
hereinafter mentioned, to explain to you some of its 
most important branches. 
The object " ' I R every human society,' says the celebrated Mar- 
of good q U i s Beccaria, ' there is an effort continually tending 
to confer on one part the height of power and happi- 
ness, and to reduce the other to the extreme of weak- 
ness and misery. The intent of good laws is to oppose 
this effort and to diffuse their influence universally and 
equally.' 
Cause of " Rulers stimulated by this pernicious ' effort,' and 
between subjects animated by the just 'intent of opposing good 
rulers and laws against it,' have occasioned the vast variety of 
events that fill the histories of so many nations. All 
these histories demonstrate the truth of this simple 
position, that to live by the will of one man, or set of 
men, is the production of misery to all men. 



THE UNITED STATES OF AMERICA. 523 



THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

"On the solid foundation of this principle, English- Address of 
men reared up the fabric of their constitution with such JJj colo _" 
strength as for ages to defy time, tyranny, treachery, gress to the 
internal and foreign wars; and, as an illustrious au- U Quebec 8 
thor of your nation, hereafter mentioned, observes — 1>1 ' li - 
'They gave the people of their colonies the form of The British 

,, . . i xi • , Constitu- 

their own government, and this government carrying t i n, the 
prosperity along with it, they have grown great nations b ^ sis ° f 
in the forests they were sent to inhabit.' nial rights. 

" In this form, the first grand right is, that of the m „ ht of 
people having a share in the government by their rep- the people 

, , . , , ,, , , . to share in 

resentatives chosen by themselves, and, in consequence, the gov- 
of being ruled by laws which they themselves approve ; ernment - 
not by edicts of men, over whom they have no control. 
This is a bulwark surrounding and defending their 
property, which, by their honest cares and labours, 
they have acquired, so that no portions of it can 
legally be taken from them but with their own full and 
free consent, when they, in their judgment, deem it 
just and necessary to give them for public services, 
and precisely direct the easiest, cheapest, and most 
equal methods in which they shall be collected. 

"The influence of this right extends still further. Right of 
If money is wanted by rulers who have in anv manner the P e ° pl f, 

J to withhold 

oppressed the people, they may retain it until their appropria- 
grievances are redressed, and thus peaceably procure tl0ns ' 
relief, without trusting to despised petitions, or dis- 
turbing the public tranquillity. 

"The next great right is that of trial by jury. This Right of 
provides that neither life, liberty, nor property, can be t . rial by 
taken from the possessor, until twelve of his unexcep- 
tionable countrymen and peers of his vicinage, who, 
from that neighbourhood, may reasonably be supposed 
to be acquainted with his character, and the characters its inci- 
of the witnesses, upon a fair trial, and full inquiry, u ent g t and 
face to face, in open court, before as many of the peo- 
ple as choose to attend, shall pass their sentence, upon 
oath, against him; a sentence that cannot injure him, 



524 THE GOVERNMENTAL HISTOKY OF 

Part III. origin and causes op the revolution. 

Address of without injuring their own reputation, and probably 
irai con- their interest also ; as the question may turn on points 
gresstothethat, in some degree, concern the general welfare ; and 
of Quebec if & does not, their verdict may form a precedent, that, 
1 ' 7 ' 74 - on a similar trial of their own, may militate against 

themselves. 
Right to " Another right relates merely to the liberty of theper- 
Uberty 31 son " ^ a su ^J ec t is seized and imprisoned, though by 
order of government, he may, by virtue of this right, 
immediately obtain a writ, termed a Habeas Corpus, 
from a judge, whose sworn duty it is to grant it, and 
thereupon procure any illegal restraint to be quickly 
inquired into and redressed. 
Right to " A fourth right is that of holding lands by the ten- 
by easy 1 S ure °f easy ren ts, and not by rigorous and oppressive 
tenures, services, frequently forcing the possessors from their 
families and their business, to perform what ought to 
be done, in all well regulated states, by men hired for 
the purpose. 
Right to " The last right we shall mention regards the freedom 
the e press° f °f ^ ie P ress - The importance of this consists, besides 
the advancement of truth, science, morality, and arts 
in general, in its diffusion of liberal sentiments on the 
administration of government, its ready communication 
of thoughts between subjects, and its consequential pro- 
motion of union among them, whereby oppressive offi- 
cers are shamed or intimidated into more honorable 
and just modes of conducting affairs. 
These " These are invaluable rights that form a considerable 

nSi 'and ' P art °^ our mnc * svstem °f government ; that, sending 
inviolable, its equitable energy through all ranks and classes of 
men, defends the poor from the rich, the weak from the 
powerful, the industrious from the rapacious, the peace- 
able from the violent, the tenants from the lords, and 
all from their superiors. 
miniSry f " Tfiese are t]ie rights without which a people cannot 
against b e f ree an d happy, and under the protecting and en- 
rights, couraging influence of which these colonies have hith- 



THE UNITED STATES OF AMERICA. 525 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

erto so amazingly flourished and increased. These are Address of 
the rights a profligate ministry are now striving, by nialc0I1 . 
force of arms, to ravish from us, and which we are with s ress to 

. , . ,. the mhabi- 

one mind, resolved never to resign but with our lives, tauts of 
"These are the rights you are entitled to, and ought, "j^ 60 ' 
at this moment, in perfection, to exercise. And what 
is offered to you, by the late act of parliament, in their The Que- 
place? Liberty of conscience in your religion? Not! P artof 
God gave it to you; and the temporal powers with ministerial 
which you have been and are connected, firmly stipula- 
ted for your enjoyment of it. If laws, divine and 
human, could secure it against the despotic caprices of 
wicked men, it was secured before. Arc the French 
laws, in civil cases, restored ? It seems so. But observe 
the cautious kindness of the ministers, who pretend to 
be your benefactors. The words of the statute are — Sophistry 
that those 'laws shall be the rule, until they shall be of the m - 
varied or altered by any ordinances of the governor and 
council.' Is 'the certainty and lenity of the criminal 
law of England and its benefits and advantages' com- 
mended in the said statute, and said to 'have been sen- 
sibly felt by you ' secured to you and your descendants ? 
No ! They too are subjected to arbitrary ' alterations ' 
by the governor and council ; and a power is expressly 
reserved of appointing ' such courts of criminal, civil, 
and ecclesiastical jurisdiction, as shall be thought 
proper.' 

" Such is the precarious tenor of mere will, by which Precarious 
you hold your lives and religion. The crown and its if™ 1 '* of 

. . „ their 

ministers are empowered, as far as they could be by rights un- 
parliament,to establish even the Inquisition itself among der theblU - 
you. Have you an assembly composed of worthy men, 
elected by yourselves, and to whom you can confide, to 
make laws for you, to watch over your welfare, and to 
direct in what quantity and in what manner your money 
shall be taken from you ? No ! The power of making 
laws for you is lodged in the governor and council, all 



526 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address of of them dependent upon, and removable at the pleas- 

niidcon- lire °f a minister. 

gress to « Besides, another late statute, made without your 
tants of consent, has subjected you to the impositions of excise 
Quebec, — tne horror of all free states; thus wresting your 
Imposition property from you by the most odious of taxes, and lay- 
of excise ^ n ^ p eil i insolent tax-gatherers, houses, the scenes 

an infringe- ° r D ' ' 

ment of of domestic peace and comfort, and called the castles 
rights. °f English subjects in the books of their law. And in 
the very act for altering your government, and intend- 
Other in- ed to flatter you, you are not authorized to assess, levy, 
meiftsof or a PPly> an y ra t es an d taxes but for the inferior pur- 
their poses of making roads, and erecting and repairing pub- 
lic buildings, or for other local conveniences within 
your respective towns and districts. 
Invidious "Why this degrading distinction? Ought not the 
tion be- property honestly acquired by Canadians to be held as 
tween Ca- sacred as that of Englishmen? Have not Canadians 
and En-*- sense enough to attend to any other public affairs, than 
lishmen. gathering stones from one place and piling them up in 
another? Unhappy people! who are not only injured, 
but insulted. Nay more ! with such a superlative con- 
tempt of your understanding and spirit, has an insolent 
ministry presumed to think of you, our respectable fel- 
low-subjects, according to the information we have 
Its design, received, as firmly to persuade themselves that your 
gratitude for the injuries and insults they have recently 
offered to you, will engage you to take up arms, and 
render yourselves the ridicule and detestation of the 
world, by becoming tools, in their hands, to assist them 
in taking that freedom from us, which they have treach- 
erously denied to you ; the unavoidable consequence of 
which attempt, if successful, would be the extinction of 
all hopes of you or your posterity being ever restored 
to freedom; for idiocy itself cannot believe, that, when 
their drudgery is performed, they will treat you with 
less cruelty than they have us who are of the same 
blood with themselves. 



THE UNITED STATES OF AMERICA. 527 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

"What would your countryman, the immortal Mon- Address of 
tesquieu, have said to such a plan of domination as has mal con . 
been framed for you ? Hear his words, with an intense- gffXbi- 
ness suited to the importance of the subject. ' In a free tants of 
state, every man, who is supposed a free-agent, ought to Jj^ 60 ' 
be concerned in his own government: Therefore the Appeal to 
legislative should reside in the whole body of the peo- Jj 1 e 1 J^ 1 na " 
pie or their representatives. The political liberty of pride, 
the subject is a tranquillity of mind, arising from the 
opinion each person has of his safety. In order to have 
this liberty, it is requisite the government be so consti- Citat;on 
tuted, as that one man need not be afraid of another, from Mon- 
When the power of making laws and the power of exe- e qui 
cuting them, are united in the same person, or in the 
same body of magistrates, there can be no liberty; 
because apprehensions may arise, lest the same monarch 
or senate should enact tyrannical laws, to execute them 
in a tyrannical manner. 

" ' The power of judging should be exercised by per- 
sons taken from the body of the people, at certain times 
of the year, and pursuant to a form and manner pre- 
scribed by law. There is no liberty, if the power of 
judging be not separated from the legislative and execu- 
tive powers.' 

'"Military men belong to a profession which may be 
useful, but is often dangerous. The enjoyment of lib- 
erty, and even its support and preservation, consists in 
every man's being allowed to speak his thoughts and 
lay open his sentiments.' " 

"Apply these decisive maxims, sanctified by theApplica- 
authority of a name which all Europe reveres, to your*^.^ 1 e 
own state. You have a governor, it may be urged, vest- 
ed with the executive powers, or the powers of admin- 
istration; in him and in your council is lodged the 
power of making laws. You have judges, who are to 
decide every cause affecting your lives, liberty, or prop- 
erty. Here is, indeed, an appearance of the several 
powers being separated and distributed into different 



528 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Address of hands, for checks, one upon another; the only effectual 
nial con- mode ever invented by the wit of men to promote their 
gress to freedom and prosperity. But scorning to be deluded 

the mhabi- . , 

tants of by a tinselled outside, and exerting the natural sagaci- 

rm. 60 ' ty of Fr€nc ^ men -, examine the specious device, and you 

will find it, to use an expression of Holy Writ, 'a 

whited sepulchre' for burying your lives., liberty, and 

property." 

"Your judges, and your legislative council, as it is 
called, are dependent on your governor, and he is de- 
pendent on the servant of the crown in Great Britain. 
The minis- The legislative, executive, and judging powers are all 
er r and P ° W moved by % the nods of a minister. Privileges and im- 
sophistry, munities last no longer than his smiles. When he 

dangerous - ° 

to their frowns, their feeble forms dissolve. Such a treacherous 
liberties. m g enu ity has been exerted in drawing up the code 
lately offered you, that every sentence, beginning with 
a benevolent pretension, concludes with a destructive 
power; and the substance of the whole, divested of its 
smooth words, is — that the crown and its ministers 
shall be as absolute throughout your extended province 
as the despots of Asia or Africa. What can protect 
your property from taxing edicts, and the rapacity of 
necessitous and cruel masters ? your persons, from 
lettres de cachet, jails, dungeons, and oppressive serv- 
ices ? your lives and general liberty, from arbitrary 
and unfeeling rulers ? We defy you, casting your view 
upon every side, to discover a single circumstance, 
Invited promising from any quarter the faintest hope of liberty 

colonial to y° u or y° ur po sterit y> mit fr° m an entire adoption 

union. into the union of these colonies. 

"What advice would the truly great man, before 
mentioned, that advocate of freedom and humanity, 
give you, were he now living, and knew that we, your 
numerous and powerful neighbors, animated by a just 
love of our invaded rights, and united by the indisso- 
luble bonds of affection and interest, called upon you, 
by every obligation of regard for yourselves and your 



THE UNITED STATES OF AMERICA. 529 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



children, as we now do, to join us in our righteous con- Address of 
test, to make common cause with us therein, and take . e , col °" 

' ' nial con- 

a noble chance for emerging from a humiliating sub- gross to the 
jection under governors, intendants, and military ^ Q U ebe C 3 
tyrants, into the firm rank and condition of English 17 ' 7 ' i - 
Freemen, whose custom it is, derived from their ances- 
tors, to make those tremble who dare to think of 
making them miserable ? 

" Would not this be the purport of his address ? Supposed 
' Seize the opportunity presented to you by Providence Montes? f 
itself. You have been conquered into liberty, if you q uieu to 
act as you ought. This work is not of man. You are 
a small people, compared to those who, with open arms, 
invite you into a fellowship. A moment's reflection 
should convince you which will be most for your inter- 
est and happiness, to have all the rest of North Amer- 
ica your unalterable friends, or your inveterate ene- 
mies. The injuries of Boston have roused and asso- 
ciated every colony from Nova Scotia to Georgia. 
Your province is the only link wanting to complete 
the bright and strong chain of union. Nature has 
joined your country to theirs. Do you join your po- 
litical interests. For their own sakes they never will 
desert or betray you. Be assured that the happiness 
of a people inevitably depends on their liberty, and 
their spirit to assert it. The value and extent of the 
advantages tendered to you are immense. Heaven 
grant you may not discover them to be blessings after 
they have bid you an eternal adieu.' 

" We are too well acquainted with the liberality of Difference 
sentiment distinguishing your nation, to imagine thatnVbame" 
difference of religion will prejudice you against a t0 . their 
hearty amity with us. You know that the transcend- 
ent nature of freedom elevates those who unite in her 
cause, above all such low-minded infirmities. The 
Swiss Cantons furnish a memorable proof of this truth. 
Their union is composed of Roman Catholic and Pro- 
testant States, living in the utmost concord and peace 
34 



530 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Address of with one another, and thereby enabled, ever since they 
Sal Ton- bravely vindicated their freedom, to defy and defeat 
gress to the every tyrant that has invaded them, 
of Quebec, " Should there be any among you, as there generally 
1/774 - are in all societies, who prefer the favors of ministers 
of P their 8 an( l their own private interests, to the welfare of their 
union not CO untry, the temper of such selfish persons will render 
trusted, them incredibly active in opposing all public-spirited 
measures, from an expectation of being well rewarded 
for their sordid industry, by their superiors ; but we 
doubt not you will be upon your guard against such 
men, and not sacrifice the liberty and happiness of the 
whole Canadian people, and their posterity, to gratify 
the avarice and ambition of individuals. 
Notinvited "We do not ask you, by this address, to commence 
h° a tmt ° f ac ^ s °^ nos tility against the government of our common 
sovereign. We only invite you to consult your own 
glory and welfare, and not to suffer yourselves to be 
inveigled or intimidated by infamous ministers, so far 
as to become the instruments of their cruelty and des- 
potism ; but to unite with us in one Social Compact, 
But to formed on the generous principles of Equal Liberty, and 
equal lib- cemen t e d by such an exchange of beneficial and en- 
dearing offices as to render it perpetual. In order to 
complete this highly desirable union, we submit it to 
your consideration, whether it may not be expedient 
for you to meet together in your several towns and 
districts, and elect deputies, who, afterwards meeting 
Invited to in a provincial congress, may choose delegates to rep- 
congress resent YOur province in the Continental Congress, to 
be held at Philadelphia on the tenth day of May, 1775. 
In this present congress, beginning on the fifth of the 
*Septem- last month,* and continued to this day,f it has been, 
b , e *' with universal pleasure and an unanimous vote, re- 

x Oct. 20. 

solved, that we would consider the violation of your 
rights, by the act for altering the government of your 
province, as a violation of our own, and that you 
should be invited to accede to our Confederation, 



THE UNITED STATES OF AMERICA. 531 

THE COMMERCIAL SYSTEM OF TAXATION. FakT III. 

which has no other objects than the perfect security of Address of 
the natural and civil rights of all the constituent mem- n ; a i con . 
bers, according* to their respective circumstances: «w^s r , es f! othe 

' ° r ' inhabitants 

the preservation of a happy and lasting connection with of Quebec, 
Great Britain, on the salutary and constitutional prin- 
ciples herein before mentioned. For effecting these 
purposes we have addressed an humble and loyal peti- 
tion to his majesty, praying relief of our and your 
grievances ; and have associated to stop all importa- 
tions from Great Britain and Ireland, after the first day 
of December ; and all exportations to those kingdoms Conclusion 
and the West Indies after the tenth day of next Sep- ^j^g 
tember ;* unless the said grievances are redressed. * 1775. 
That Almighty God may incline your minds to approve 
our equitable and necessary measures, to add your- 
selves to us, to put your fate, whenever you suffer inju- 
ries which you are determined to oppose, not on the 
small influence of your single province, but on the 
consolidated power of North America ; and may grant 
to our joint exertions an event as happy as our cause 
is just, is the fervent prayer of us your sincere and 
affectionate friends and fellow subjects. 

" By order of the congress, 

"Henry Middleton, President ."f 

On the twenty-second of October the following reso- Resolution 
lution was passed : " Resolved, as the opinion of this ^endln 
congress, that it will be necessary that a congress congress in 
should be held on the tenth day of May next, unless May ' m5 ' 
the redress of grievances, which we have desired, be 
obtained before that time. And we recommend that 
the same be held at the city of Philadelphia, and that 
all the colonies in North America, choose deputies, as 
soon as possible, to attend such congress." 

Soon after the adoption of this resolution, the com- 
mittee appointed to prepare a letter to the colonies of 

f The Hon Peyton Randolph was taken sick, and the Hon. Henry Mid- 
dleton chosen to supply his place as president, Oct. 22, 1774. 



582 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

St. Johns, Nova Scotia, etc., reported a draft, which 
was read, and being amended, was approved and 
adopted as follows, viz. : — 

Letter to • " Philadelphia, October 22, 1774. 

the colo- « Gentlemen : The present critical and truly alarming 

nies of St. „ . . «•-'.. • i -, . 

Johns, &c. state ot American aftairs, having been considered in a 
general congress of deputies from the colonies of New 
Hampshire, Massachusetts Bay, Rhode Island, Connec- 
ticut, New York, New Jersey, Pennsylvania, the lower 
counties on Delaware, Maryland, Virginia, North Car- 
olina, and South Carolina, with that attention and 
mature deliberation which the important nature of the 
case demands, they have determined for themselves, 
and the colonies they represent, on the measures con- 
tained in the enclosed papers ; which measures they 
recommend to your colony to be adopted, with all the 
earnestness that a well-directed zeal for American lib- 
erty can prompt. 

Necessity " So rapidly violent and unjust has been the late con- 

of resist- ^ j. Q f t j ie J3 r itish administration against the colonies, 

ance to ° 

British ag- that either a base and slavish submission, under the 
loss of their ancient, just, and constitutional liberty, 
must quickly take place, or an adequate opposition be 
formed. 

" "We pray God to take you under his protection, and 
to preserve the freedom and happiness of the whole 
British Empire. We are, &c, 

" By order of the Congress, 

" Henry Middleton, President." 



Order on On the twenty-fifth of October, the congress " Ordered, 
dress to that the address to the king be enclosed to the several 
O^r-fi colon y a g ents 5 in order that the same may be by them 
' presented to his majesty ; and that the agents be re- 
quested to call in the aid of such noblemen and gen- 
tlemen as are esteemed firm friends to American lib- 
Committee , T 

to prepare erlv - 

letter. « Ordered, that Mr. Lee and Mr. Jay be a committee 



THE UNITED STATES OF AMERICA. 533 



THE COMMERCIAL SYSTEM OF TAXATION. FaRT III. 



to prepare a letter to the agents of the several colo- The colo- 

1 x nial con- 

llies. gress, 

" Ordered, that this congress, in their own names, im - 
and in behalf of all those whom they represent, do 
present their most grateful acknowledgments to those 
truly noble, honorable, and patriotic advocates of civil thanks to 
and religious liberty, who have so generously and pow- f e An \ e e "i. 3 
erfully, though unsuccessfully, espoused and defended ca in Eng- 
the cause of America both in and out of parliament. 

"October, 26th, 1774. The committee appointed to Report of 
prepare a letter addressed to the agents, reported a m \ttee. " 
draft, which was read, and being debated by paragraphs, 
was approved, and adopted as follows, viz. : 

" Wednesday, October 26, 1774. 

" Gentlemen : We give you the strongest proof of Letter to 
our reliance on your zeal and attachment to the happi- a ^entk° ny 
ness of America, and the cause of liberty, when we 
commit the enclosed papers to your care. 

" "We desire that you will deliver the petition into the The peti- 
hands of his majesty, and after it has been presented, king 
we wish it may be made public, through the press, to- 
gether with the list of grievances, and as we hope for 
great assistance from the spirit, virtue, and justice of 
the nation, it is our earnest desire that the most effectual 
care be taken, as early as possible, to furnish the trad- 
ing cities and manufacturing towns, throughout the The me - 

. , t v , ., -,i ,,. morial to 

united kingdom, with our memorial to the people of the people. 
Great Britain. 

" We doubt not but your good sense and discernment 
will lead you to avail yourselves of every assistance 
that may be derived from the advice and friendship of 
all great and good men, who may incline to aid the 
cause of liberty and mankind. 

"The gratitude of America, expressed in the en- To deliver 
closed vote of thanks, we desire may be conveyed to 1 * 6 ™ 160 *' 
the deserving objects of it in the manner that you think 
will be most acceptable to them. 



534 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of thk revolution. 

Thecolo- " It is proposed that another congress be held on the 
mai con- tenth f ]y; a j next, at this place, but, in the mean time, 
1774.' we beg the favor of you, gentlemen, to transmit to the 
speakers of the several assemblies, the earliest informa- 
Urged to ^ion °f ^ ie mos t authentic accounts you can collect of 
transmit a ll such conduct and designs of ministry, or parlia- 

intelli- ., »■ . , 

gence. ment, as it may concern America to know. 

" We are, with unfeigned esteem and regard, gen- 
tlemen, By order and in behalf of the Congress, 

Henry Middleton, PresH. 

American " To Paul Wentworth, agent for New Hampshire; 

London" "^ ' benjamin Franklin, William Bollen, Dr. Arthur Lee, 
agents for Massachusetts Bay ; Edmund Burke, agent 
for New York; Thomas Life, agent for Connecticut; 
and Charles Garth, Esq., agent for South Carolina." 
There were no agents there for the other colonies. 

Vote of The session closed with a vote of thanks " to the 
the'house h° nora kle the house of representatives of the colony 
of repre- of Pennsylvania, for their politeness to this con- 
in Pennsyl- gress ; and that the delegates for this colony be a com- 
vania. mittee to communicate this resolution to the said hon- 
orable house." Their proceedings were made pub- 
inenTof " ^ c a ft er their adjournment, and freely circulated, and 
the con- received throughout the colonies with grateful appro- 

gress. ° 

bation. 

While the congress was in session, Capt. Robert 
Mackenzie, an officer in the British Army at Boston, 
addressed George Washington, then a member, as fol- 
lows, viz. : 
Capt. "Boston, Sept. 13th, 1774. — Mr. Atcheson can suffi- 

^Wash- 6 ciently inform you of the state of this unhappy pro- 
ington. vince, of their tyrannical oppression over one another, 
of their fixed aim at total independence, of the weakness 
and temper of the mainsprings that set the whole in 
motion ; and how necessary it is, that abler heads and 
better hearts should draw a line for their guidance. 
Even when this is done, it is much to be feared, that 



THE UNITED STATES OF AMERICA. 535 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

they will follow it no further than it coincides with their 
sentiments. 

"Amidst all these jarrings we have until lately lived 
in a camp of pleasure, but the rebellious and numer- 
ous meetings of' men in arms, their scandalous and un- 
generous attacks upon the best characters in the prov- 
ince, obliging them to save themselves by flight, and 
their repeated but feeble threats to dispossess the troops, 
have furnished sufficient reasons to General Gage to 
put the town in a formidable state of defence, about 
which we are now fully employed and which will be 
accomplished to their great mortification." 

To this letter Washington replied, vindicating Massa- 
chusetts and the colonies in the following dignified and 
caustic manner : 

"Philadelphia, Oct. 9, 1774. 
" Dear Sir : 

" Your letter of the 13th ultimo, from Boston, gave Waghi 
me pleasure, as I learnt thereby, that you were well, ton in reply 
and might be expected at Mount Vernon in your wayn ac 1u;n_ 
to or from James' river, in the course of the winter. zie » ^ "**• 

" When I have said this, permit me with the freedom 
of a friend (for you know I always esteemed you) to 
express my sorrow, that fortune should place you in a 
service that must fix curses to the latest posterity upon 
the contrivers, and, if success (which, by the by, is 
impossible) accompanies it, execrations upon all those 
who have been instrumental in the execution. 

"I do not mean by this to insinuate, that an officer,, . x . 

J , ' Position 

is not to discharge his duty, even when chance, not of Mass, 
choice, has placed him in a disagreeable situation ; but ay ' 
I confess, when you condemn the conduct of the Mas- 
sachusetts people, you reason from effects, not causes : 
otherwise you would not wonder at a people, who are ' 
every day receiving fresh proofs of a systematic asser- 
tion of an arbitrary power, deeply planned to over- 
throw the laws and constitution of their country, and to 
violate the most essential and valuable rights of man- 



536 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Washing- kind, being irritated and with difficulty restrained from 

ton in re- ac ^ s f £] ie neatest violence and intemperance. For 

ply t0 T 

Captain my own part, I confess to you candidly, that I view 

z!e C Oct" tmn S s m a Tei T different point of light from the one in 
mi. which you seem to consider them ; and though you are 
led to believe by venal men — for such I must take the 
liberty of calling those new-fangled counsellors, who 
fly to and surround you, and all others, who, for honors 
or pecuniary gratifications, will lend their aid to over- 
throw the constitution, and introduce a system of arbi- 
trary government — although you are taught, I say, by 
discoursing with such men, to believe, that the people 
of Massachusetts are rebellious ; setting up for inde- 
Defenceof pendency, and what not, give me leave, my good friend, 
to tell you, that you are abused, grossly abused. 

" This I advance with a degree of confidence and 
boldness which may claim your belief, having better 
opportunities of knowing the real sentiments of the 
people you are among, from the leaders of them, in 
opposition to the present measures of the administra- 
tion, than you have from those whose business it is, not 
to disclose truths, but to misrepresent facts in order to 
justify, as much as possible, to the world, their own 
conduct. Give me leave to add, and I think I can 
The colo- announce it as a fact, that it is not the ivish or interest 
mesnot y ^ m ^ government, or any other upon this continent, sep- 
independ- arately or collectively, to set up for independence. But 
this you may at the same time rely upon, that none of 
them will ever submit to the loss of those valuable 
rights and privileges, which are essential to the happi- 
ness of every free state, and without which life, liberty, 
and property, are rendered totally insecure. 

" These, sir, being certain consequences, which must 
naturally result from the late acts of parliament rela- 
tive to America in general, and the goverment of Mas- 
sachusetts Bay in particular ; is it to be wondered at, I 
repeat, that men, who wish to avert the impending 
blow, should attempt to oppose it in its progress, or 



THE UNITED STATES OP AMERICA. 537 



THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



prepare for their defence, if it cannot be averted ? Washing- 

11 7 . ton in re- 

Surely I may be allowed to answer in the negative ; p i y to 
and again give me leave to add as my opinion, that £®PV a0 " 
more blood will be spilled on this occasion, if the min- Oct. 1774. 
istry are determined to push matters to extremity, than 
history has ever yet furnished instances of in the 
annals of North America, and such a vital wound will 
be given to the peace of the country, as time itself 
cannot'eure, or eradicate the remembrance of. 

" But I have done. I was involuntarily led into a General 
short discussion of the subject by your remarks on the oTthTpeo- 
conduct of the Boston people, and your opinion of pie. 
their wishes to set up for independency. I am well 
satisfied, that no such thing' is desired by any thinking' 
man in all North America; on the contrary, that it is 
the ardent wish of the warmest advocates for liberty, 
that peace and tranquillity, upon constitutional grounds, 
may be restored, and the horrors of civil discord pre- * Spark's 
vented. " I remain, dear sir, of Wafh- 

" your most obedient serv't, ington, 

"George Washington."* 



As Washington was at this time in attendance inlndepen- 
congress, and in daily intimacy and consultation with deskeclby 
its members, this letter may be taken as an expression the col °- 
of the sentiments which prevailed throughout the colo- 
nies. It is evident that the idea of independence was 
neither premeditated, anticipated, or desired at this 
date. As a further illustration of the position and sen- 
timents of the nation, I introduce here the following 
copy of a letter from the Hon. John Dickinson of 
Pennsylvania, to Dr. Arthur Lee, the agent of the col- 
ony of Massachusetts Bay in England. Mr. Dickinson 
wrote as follows, viz. : — 

" Philadelphia, October 27, 1774. 

" Dear Sir. Yesterday the congress broke up. 
You will immediately know their proceedings from 
publications. 



538 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Letter of 
Hon. John 
Dickinson, 
of Pa., to 
Dr. Arthur 
Lee, in 
London, 
1714. 

Position of 
the colo- 
nists. 

Their una- 
nimity and 
determina- 
tion. 



Ministry 
must not 
be sus- 
tained. 



The crisis 
appre- 
hended. 



" The colonists have now taken such grounds that 
Great Britain must relax, or inevitably involve herself 
in a civil war, likely in all human probability to over- 
whelm her with a weight of calamities, in comparison 
of which, the contentions between the houses of York 
and Lancaster, or the distractions of the last century, 
were gentle misfortunes. 

" A determined and unanimous resolution animates 
this continent, firmly and faithfully to support (he com- 
mon cause to the utmost extremity, in this great strug- 
gle for the blessing of liberty — a blessing that can 
alone render life worth holding. 

" I grieve for the fate of a brave and generous nation, 
plunged by a few profligate men into such scenes of 
unmerited and inglorious distress. Let her rouse her 
noble spirit, be true to herself, and she cannot fail of 
being true to us. Let her not so far adopt the 
schemes of base yet visionary men and knaves, that 
she may think her dignity concerned to maintain the 
projects of those whom her justice commands her to 
punish. m 

" Give up the Butes, Mansfields, Norths, Bernards, 
and Hutchinsons, whose falsehoods and misrepresenta- 
tions have inflamed the people : Call not their cause 
the cause of Great Britain: Throw all errors and 
oocasions of dissatisfactions on their guilty heads. A 
new ministry of such a character that England and 
America both can trust, may do great things; espe- 
cially if a considerable change be made at the next 
general election. Why should nations meet with hos- 
tile eyes because villains and idiots have acted like 
villains and idiots. 

" I wish for peace ardently, but must say, delightful 
as it is, it will come more grateful as being unexpected. 
The first act of violence, on the part of administration, 
in America, or the attempt to reinforce General Gage 
this winter, or next year, will put the whole continent 
in arms from Nova Scotia to Georgia. May God, of 



THE UNITED STATES OP AMERICA. 539 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

his infinite mercy, grant a happy event to these afflict- 
ing agitations. Your friend, 

"John Dickinson." 

" P. S. It is suspected here that a design is regu- 
larly prosecuted by the ministry, to make his majesty 
"dethrone himself, by the calamities and convulsions his 
reign is likely to bring on his whole people. Please to 
inform me what is thought on this point in England." 



While such was the posture of affairs in America, p os ture of 
the proceedings which were going on in Great Britain affairs and 
were equally interesting and important. At a meeting ings in 
of the Society of the Supporters of the Bill of Rights, nsa,n ' 
held in London tavern,* the right honorable the lord ill 5. 
mayor of the city of London, in the chair, it was — 
" Resolved unanimously, that the liberties, franchises, 
and chartered rights of our fellow-subjects in America 
are so nearly connected with those of Great Britain 
that the subversion of either must prove equally fatal 
to both. 

" Resolved, unanimously, that it be earnestly recom- 
mended to such members of this society who have seats 
in parliament, to exert themselves in bringing to the 
justice of their country, the advisers of measures for 
establishing arbitrary government over our affectionate 
fellow-subjects in America, by taxing them without 
their consent, refusing them a trial by jury, establish- 
ing' popery, and taking from them the right of the 
habeas corpus act, and to obtain for that much injured 
people a full redress of grievances. 

" By order of the Society, 

"John Wilkes, Chairman" 

The merchants also of London and of Bristol, the 
manufacturers of Manchester, Sheffield, and Birming- 
ham, and the traders and planters of the West Indies, 
all felt the disastrous effects of the suspension of their 
trade with the colonies, while thousands of the people 
were thrown out of employment, and deprived even of 



540 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Proceed- the means of subsistence. Parliament was now flooded 
parlia" w * tn Potions from these several sources, praying them 
ment, Jan- to adopt such measures as should have a tendency to 
y ' ' 're-open the commercial intercourse between the two 
* l Amer- countries, and thus avert the ruin and misery which 
chives, 1 " threatened to overwhelm them.* The address of the 
1145. American congress to the king had been transmitted 
and presented to him, but regarding them as an illegal 
body, he refused to receive it, and referred it to parlia- 
ment. Parliament also refused, for the same reason, 
to give it their attention. 

It was but reasonable to suppose, that coming before 
the crown, or into the councils of the nation, as it did, 
with such an array of popular sentiment in favor of the 
position taken by the colonies, the petition of so respect- 
able a body so fully empowered, as the colonial con- 
gress, would have received some consideration. But it 
was rejected, and the petitions of her own subjects at 
home were scarcely regarded, by men claiming to be the 
servants of the state, but " who had never looked at 
the whole of the complicated interests of the kingdom 
in one connected view : who had taken things by bits 
and scraps, just as they pressed, without regard to their 
relations and dependencies : who never had any sys- 
tem, right or wrong, but only occasionally invented some 
miserable tale of the day, in order meanly to sneak out 
* B , of difficulties into which they had proudly strutted."* 
Lord Chat- The cause of America found an able and eloquent 
ham's mo- champion in Lord Chatham. Lord Dartmouth, now 

tion to re- l . , 

call the secretary of state for the American department, had 

from Bos- submitted sundry documents to the house of lords, 

ton. among which, undistinguished by any particular refer- 

Lord7,Jan-ence, was the petition of the congress to the king. 

uary, ms. Lord Chatham thereupon moved an address to the 

king to recall his majesty's troops from Boston. 

" When your lordships," he said, " look at the papers 

transmitted us from America, when you consider their 

decency, firmness, and wisdom, you cannot but respect 



THE UNITED STATES OF AMERICA. 541 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

their cause and wish to make it your own ; for myself, Procecd- 
I must declare and avow that, in all my reading and Hament, 
observations, and it has been my favorite study — I i 10 "? 6 of 
have read Thucidydes, and have studied and admired Jan. ills. 
the master states of the world — that for solidity of 
reasoning, force of sagacity, and wisdom of conclusion, 
under such a complication of difficult circumstances, 
no nation or body of men can stand in preference to 
the general congress at Philadelphia. I trust it is obvi- 
ous to your lordships, that all attempts to impose servi- 
tude on such men, to establish despotism over such a 
mighty continental nation, must be vain, must be futile. 
We shall be forced ultimately to retract, let us retract 
whilst we can, not when we must. I say we must Lord Chat- 
necessarily undo these violent and oppressive acts ; ^ aras h 
they must be repealed, you will repeal them. I pledge his motion 
myself for it, that you will in the end repeal them. I th/troopa 
stake my reputation on it. I will consent to be taken from Bos - 
for an idiot if they are not finally repealed. Avoid 
then this humiliating, disgraceful necessity, with a dig- 
nity becoming your exalted situation ; make the first 
advances to concord, to peace and happiness; for that 
is your true dignity, to act with prudence and with 
justice. That you should first concede is obvious from 
sound and rational policy. Concession comes with bet- concession 
ter grace, and more salutary effect, from the superior necessary 
power. It reconciles superiority of power with the an p0Llc# 
feelings of men, and establishes solid confidence in the 
foundation of affection and gratitude." 

" The Americans, soj?e under injuries and irritated by 
wrongs, stripped of their inborn rights and dearest 
privileges, have resisted oppression, and entered into 
confederacies to preserve their common liberties. Un- 
der this idea, the colonists have appointed men compe- 
tent to so great an undertaking, to consider and devise 
the most effectual means for maintaining so inestima- 
ble a blessing. Invested with this right by the choice 
of a free people, these delegates have deliberated with 



542 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Proceed- prudence, with wisdom, and with spirit ; and, in conse- 
j° gsl " par "quence of these deliberations, have addressed the jus- 
Honse of tice and the honor of their country. This is their fault, 
Jan. 1775. ^** ^ s their crime ; they have petitioned for that without 
which a free people cannot possibly exist. Much has 
Lord Chat- been said of late about the authority of parliament, 
speech on Its acts are held up as sacred edicts, demanding im- 
his motion pli c it submission, because, if the supreme power does 
draw the not lodge somewhere operatively and effectively, there 
fromB - miIst ^e an en ^ t° all legislation. • But they who thus 
ton. argue, or rather dogmatise, do not see the whole of 

this question on great, wise, and liberal grounds. In 
every free state the constitution is fixed, and all legis- 
lative power and authority, wheresoever placed, either 
in collective bodies or individuals, must be derived 
under the established polity from which they are 
framed. Therefore, however strong and effective acts 
of legislation may be, when they are formed in the 
Their cause spirit of this constitution, yet when they resist its prin- 
*f e ° aU ti- °ipl es > or counteract its provisions, they attack their 
tutional own foundation ; for it is the constitution, and the con- 
rig 9 " 'stitution only, which limits both sovereignty and alle- 
giance. This doctrine is no temporary doctrine, taken 
up on particular occasions, to answer particular pur- 
poses ; it is involved in no metaphysical doubts and 
intricacies ; but clear, precise, and determinate ; it is 
recorded in all our law books ; it is written in the great 
volume of nature ; it is the essential and unalterable 
right of Englishmen, and accords with all the princi- 
ples of justice and civil policy, which neither armed 
force on the one side, nor submission upon the other, 
can, upon any occasion, eradicate. Dreadful will be the 
Proceed- effects of coercive measures. Government has sent an 
ing ? ,. armed force of above seventeen thousand men to dra- 

against 

Boston, goon the Bostonians into what is call their duty. Min- 
isters, so far from turning their eyes to the impolicy 
and dreadful consequences of this scheme, are con- 
stantly sending out more troops, and declaring, in the 



THE UNITED STATES OP AMERICA. 543 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

language of menace, that if seventeen thousand men Proceed- 
G&wwot, fifty thousand shall enforce obedience. So pow- j"^ ent par ' 
erful an army may ravage the country, and waste House 
and destroy as they march ; but in the progress of sev- j an . 1775, 
enteen hundred miles can they occupy the places that 
they have passed ? Will not a country, which can pro- 
duce three millions of people, wronged and insulted as 
they are, start up like hydras in every corner, and 
gather fresh strength from fresh opposition ? If the Lord Chat- 
ministers thus persevere in misadvising and misleading g p ™ c h on 
the king, I will not say that they can alienate the affec- his motion 

to rpoull 

tions of his subjects from his crown, but I will affirm, that the troops 
they will make the crown not worth his wearing. jfcomBos- 

J & ton. 

will not say that the king is betrayed, but I will pro- 
nounce that the kingdom is undone. I have crawled to 
tell you my opinion. I think it my duty to give the 
whole of my experience and counsel to my country at 
all times, but more particularly when it so much needs 
political guidance. Having thus entered on the thresh- 
old of this business, I will knock at your gates for 
justice, and never stop, unless infirmities should nail 
me to my bed, until I have at least employed every 
means in my power to heal those unhappy divisions. 
Every motive of equity and of policy, of dignity and 
of prudence, urges you to allay the ferment in Amer- 
ica, by the removal of your troops from Boston ; by a 
repeal of your acts of parliament, and a demonstration 
of amicable dispositions towards your colonies." 

Notwithstanding it was accompanied with such an 
able and cogent argument in favor of the measures it 
proposed, the motion was rejected by a large majority, 
and the ministerial party avowed their determination 
to enforce obedience by arms. But Lord Chatham still 
persevered in recommending pacific and conciliatory 
measures. He now moved " That an humble address Motion for 
be presented to his majesty, most humbly to advise and^^j.^ 3 
beseech his majesty, that in order to open the way 
towards a happy settlement of the dangerous troubles 



544 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Proceed- in America, by beginning to allay ferments, and soften 
Uament Par " animosities there ; and, above all, for preventing in the 
House of meantime, any sudden and fatal catastrophe at Boston, 
Jan. 1775. now suffering under the daily irritation of an army 
before their eyes, posted in their town ; it may gra- 
ciously please his majesty that immediate orders may 
be dispatched to General Gage for removing his maj- 
esty's forces from the town of Boston, as soon as the 
rigour of the season, and other circumstances indis- 
pensable to the safety and accommodation of the said 
troops, may render the same practicable." This mo- 
tion was defeated. He subsequently introduced a bill 
Provision- entitled "A provisional act for settling the troubles in 
concilia- America, and for asserting the supreme legislative 
tion, pro- authority and superintending power of Great Britain 

posed by ,,.,,,.. , , 

Lord Chat- over the colonies, — wherein it was proposed — to repeal 
ham. a ii £j ic obnoxious acts of parliament,- relative to Amer- 

ica, — to restrain the powers of the courts of admiralty 
within their former limits — to re-establish the right of 
trial by jury in such cases where it had been abolished 
— and that the judges should hold their offices and 
receive their compensation during good behaviour. In 
a word, it conceded generally the rights and immu- 
nities claimed by the colonies, while it insisted on the 
supremacy of the mother country. The measure was 
violently opposed and rejected. 
House of On the same day Lord North presented to the House 
of Commons, by his majesty's command, sundry papers 
relating to and embodying proceedings in various prov- 
inces of the American colonies, received from General 
Gage, as late as the fourth of January, 1775. On the 
second day of February the house resolved itself into a 
committee of the whole "to consider further of the 
.„ .said several papers, so submitted;" whereupon Lord 
moves an North, after a few prefatory remarks, moved an address 
ci d arin^ de " to tne kin S' declaring Massachusetts Bay to be "in a 
Mass. Bay state of actual rebellion against the authority of the 
lion. supreme legislature, countenanced and encouraged by 



THE UNITED STATES OF AMEEICA. 545 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

unlawful combinations and engagements, entered into Proceed- 
by his majesty's subjects in several of the other colo- lament, 
nies, to the injury and oppression of many of their House of 
innocent fellow-subjects resident within the kingdom of Feb., illL 
Great Britain, and the rest of his majesty's dominions," 
&c. 

In the course of the debate which followed this mo- 
tion, which was continued for several days, the Ameri- 
cans generally were called rebels, and the dominant The Ameri- 
ministerial party boldly contended that by commencing matizecUs 
effective military operations in Massachusetts Bay the rebels « 
other colonies would at once yield to the power of par- 
liament. 

The motion finally prevailed, and an address was Lord 
prepared, and presented by a committee composed of mot i u 
members from both houses, to the king, as follows: carried. 
" Most Gracious Sovereign : 

"We, your majesty's most dutiful and loyal subjects, Address to 
the Lords spiritual and temporal, and Commons, in par-p eb 1 ^g > 
liament assembled, return your majesty our most hum- 
ble thanks for having been graciously pleased to com- 
municate to us the several papers relating to the pres- 
ent state of the British colonies in America, which, by 
your majesty's commands have been laid before us. 

" We have taken them into our most serious consid- 
eration, and we find that a part of your majesty's sub- 
jects, in the province of the Massachusetts Bay, have Massachu- 
proceeded so far to resist the authority of the supreme ^ ett j S f & J 
legislature that a rebellion at this time actually exists be in rebel- 
within the said province : And we see, with the utmost l 
concern, that they have been countenanced and encour- 
aged by unlawful combinations and engagements en- 
tered into by your majesty's subjects in several of the 
other colonies to the injury and oppression of many of 
their innocent fellow-subjects, resident within the king- 
dom of Great Britain, and the rest of your majesty's 
dominions. This conduct, on their part, appears to us 

the more inexcusable when we consider with how much 
35 



546 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Proceed- temper your majesty and the two houses of parliament 
iiament?* 1 "" nave acted in support of the laws and constitution of 
House of Great Britain. We can never so far desert the trust 

Commons, 

Feb., 1775. reposed in us, as to relinquish any part of the sovereign 
The ad- authority over all your majesty's dominions, which by 
the king, law is vested in your majesty and the two houses of 
parliament ; and the conduct of many persons in several 
of the colonies, during the late disturbances, is alone 
sufficient to convince us how necessary this power is for 
the protection of the lives and fortunes of all your 
majesty's subjects. 

"We ever have been, and always shall be, ready to 
pay attention and regard to any real grievances of any 
of your majesty's subjects, which shall, in a dutiful and 
constitutional manner, be laid before us: And when- 
The su- ever any of the colonies shall make a proper application 
ofparUa- *° US ' we sna ^ De rea( ty *° afford them every just and 
ment to be reasonable indulgence. At the same time we consider 
it as our indispensable duty humbly to beseech your 
majesty that you will take the most effectual measures 
to enforce due obedience to the laws and authority of 
the supreme legislature ; and we beg leave, in the most 
solemn manner to assure your majesty that it is our 
fixed resolution, at the hazard of our lives and proper- 
ties, to stand by your majesty, against all rebellious 
attempts, in the maintenance of the just rights of your 
majesty, and the two houses of parliament." 
Protest of The opposition in the House of Lords, entered a pro- 
Smlnthe" test a S amst tne address, because, in the language of the 
House of protest, 

Feb. S i775. "First. The violent matter of this dangerous address 

l To the was n i& n ^y aggravated by the violent manner in which 

violent it was precipitately hurried through the house : Lords 

the ad- were not allowed the interposition of a moment's time 

dress. f or deliberation before they were driven headlong into 

a civil war. A conference was held with the commons, 

an address of this importance presented, all extraneous 

information, although offered, positively refused; all 



THE UNITED STATES OF AMERICA. 547 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

petitions arbitrarily rejected; and the hole of this Proceed- 
most awful business received, debated, and concluded, lament 
in a single day. Protest of 

-ii-i • i • t " e °pp os1 - 

" Secondly. Because no legal grounds were laid in tion to the 

argument, or in fact, to show that a rebellion, properly H d u r s e e S of 
so called, did exist in Massachusetts Bay, when the Lords, 
papers of the latest date, and from whence alone we ' 
derive our information, were written. The overt acts 
to which the species of treason, affirmed in the address, 
ought to be applied, were not established, nor any offend- 
ers marked out. But a general mass of the acts of 
turbulence, said to be done at various times and places, 
and of various natures, were all thrown together to 
make out one general constructive treason. Neither. 2 - Because 
was there any sort of proof of the continuance of any against 
unlawful force from whence we could infer that a rebel- Mass< Bay 

are un- 

lion does now exist. And we are the more cautious of founded, 
pronouncing any part of his majesty's dominions to be 
in actual rebellion, because the cases of constructive 
treason, under that branch of the 25th of Edward the 
Third, which describes the crime of rebellion, have been 
already so far extended by the judges, and the distinc- 
tions thereupon so nice and subtle, that no prudent man 
ought to declare any single person in that situation, 
without the clearest evidence of uncontrovertible overt 
acts, to warrant such a declaration. Much less ought 
so high an authority as both houses of parliament, to 
denounce so severe a judgment against a considerable 
part of his majesty's subjects, by which his forces may - 
think themselves justified in commencing a war without 
any further order or commission. 

" Thirdly. Because we think that several acts of the 3. Because 
last parliament, and several late proceedings of admin- an ceTcom- 
istration, with regard to the colonies, are real griev- plained of 

, . ~ , . x , *\ . by the 

ances, and just causes ot complaint ; and we cannot, in colonies 
honour or in conscience, consent to an address which are rea1, 
commends the temper by which proceedings so very 
intemperate have been carried on ; nor can we persuade 



548 THE GOVERNMENTAL HISTORY OP 

Tart III. origin and causes of the revolution. 

Proceed- ourselves to authorize violent courses against persons 
iiament Par * n tne colonies, who have resisted authority, without at 
Protest of the same time redressing the grievances which have 

the opposi- . -.„■,. , 

tion to the given but too much provocation for their behavior. 
Hoii«°e of " Fvvrtbhf- Because we think the loose and general 
Lords, assurances given by the address, of future redress of 
■ e '! ' 'grievances in case of submission, are far from satisfac- 

4. The ° . ' 

address is tory, or at all likely to produce their end, whilst the acts 
too vague. com pl a ined f continue unrepealed, or unamended, and 
their authors remain in authority here; because these 
advisers of all the measures which have brought on the 
calamities of this empire, will not be trusted while they 
defend, as just, necessary, and even indulgent, all the 
acts complained of as grievances by the Americans. 
The minis- And must, therefore, on their own principles, be bound 
Lifted to i J1 future to govern the colonies in the manner which 
the same ] ias already produced such fatal effects ; and we fear 
measures, that the refusal of this house, so much as to receive, 
previous to determination, (which is the most offensive 
mode of rejection) petitions from the unoffending 
natives of Great Britain and the West India Islands, 
affords us but a very discouraging prospect of our 
obtaining hereafter any petitions at all, from those 
whom we have declared actors in rebellion, or abettors 
of that crime. 
Lastly. "Lastly. Because the means of enforcing the authori- 

clnfiden^e *J °f ^ 1C British legislature, is confined to persons of 
in minis- whose capacity, for that purpose, from abundant expe- 
rience, we have reason to doubt; and who have hitherto 
used no effectual means of conciliating, or of reducing 
those who oppose that authority; this appears in the 
constant failure of all their projects, the insufficiency 
of all their information, and the disappointment of all 
the hopes which they have for several years held out to 
the publick. Parliament has never refused any of their 
proposals, and yet our affairs have proceeded, daily, 
from bad to worse until we have been brought, step by 
step, to that state of confusion, and even civil violence, 



THE UNITED STATES OP AMERICA. 549 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

it 

which was the natural result of these desperate meas- Proceed- 
ings in par- 
Ures. liament. 

"We therefore protest against an address amounting Protest of 
to a declaration of war, which is founded on no proper tion to the 
parliamentary information; which was introduced 1>J g d d u ress ' f 
refusing to suffer the presentation of petitions against Lords, 
it, (although it be the undoubted right of the subject s )j muiar 
to present the same,) which followed the rejection of against the 
every mode of conciliation ; which holds out no substan- 
tial offer of redress of grievances ; and which promises 
support to those ministers who have inflamed America 
and grossly misconducted the affairs of Great Britain. 



RICHMOND. 


COURTENAY. 


Effingham. 




Craven. 


Abingdon. 


Stanhope. 




Archer. 


Portland. 


Scarborough. 




Abergaverny. 


Cambden. 


Fitzwilliam. 




Rockingham. 


Torrington. 


Tankerville. 


can Ar- 


Wycombe. 


Ponsonby. 


Cholmondeley. 


* chives, 
1586. 



To this address the king replied, as follows, viz. : 
"My Lords and Gentlemen : I thank you for this very The king's 
dutiful and loyal address, and for the affectionate and [he ad-° 
solemn assurances you give me of your support, in dress - 
maintaining the just rights of my crown, and of the 
two houses of parliament ; and you may depend on my Guaran- 
taking the most speedy and effectual measures for e n- teesthe 

° l J supremacy 

forcing due obedience to the laws and the authority of of pariia- 
the supreme legislature. ment " 

" Whenever any of my colonies shall make a proper Disposition 
and dutiful application, I shall be ready to concur with \°^ " lge 
you in affording them any just and reasonable indul- nies. 
gence ; and it is my ardent wish that this disposition 
on our part may have a happy effect on the temper and 
conduct of my subjects in America." 

Such was the position taken by the ministerial party, Position of 
in the two houses of parliament, and sanctioned by the t ^ i ^ sSB ' 
crown, relative to the grievances complained of in party. 
America at this time. The tone of the debate on the 



550 THE GOVERNMENTAL HISTORY OF 

Part 111. okigin and causes of the revolution. 

Proceed- part of the administration was passionate, bitter, vin- 
lTament Pai dictive an( l desperate ; while on the part of the opposi- 
Feb. 1115. tion, as also in the protest, it was calm, considerate, 
conciliatory and hopeful. But the result was decisive 
of far more important interests, and far-reaching 
sequences, than had entered into the contemplation or 
imaginations of either. Without any anticipation of it 
in the parent state, without any pre-determination of it 
in the colonies, the seal of severance was thus set to 
their political relations with the mother country. No 
human wisdom even at this time foresaw it, no human 
The una- forethought had as yet pre-judged it. All parties, ill- 
results un- deed, on both sides of the Atlantic, felt that a fearful 
foreseen. cr j s i s was impending, that a terrible conflict was at 
hand. But the wise and the good, and even the rash 
and the headstrong, in the mother country, relied upon 
the resolution of harmony under healthier councils ; 
while reflecting men in America sought and hoped for 
nothing more or less than the concession and security 
of their constitutional rights and liberty, in a cherished 
dependency upon the crown of Great Britain. 
The crisis At this crisis we return again to the colonies in 
ica America, and we find them just now advised of the 

reception given to their agents, and their congressional 
proceedings, by the crown, and in parliament, and of 
other measures adopted for their subjugation. Mas- 
sachusetts Bay, it must be remembered, was the ob- 
ject and the theatre of the more immediate visitations 
of parliamentary legislation, and coercive power. In 
preparing to meet the exigencies of her situation the 
provincial assembly had raised troops and directed a 
collection of stores and ammunition to be deposited at 
* 1775. Concord and Worcester. On the eighteenth of April,* 
General Gage, commander of his majesty's forces at 
Boston, ordered a detachment of his troops to take 
possession of these stores and ordnance. On the 
morning of the nineteenth, as they entered Lexington, 
they came upon about one hundred and thirty of the 



THE UNITED STATES OF AMERICA. 551 

THE COMMERCIAL SYSTEM OF TAXATION. PAET III. 

Lexington militia, who having been forewarned of the Procecd- 
object of this detachment were gathered and parading JJJJPJ" &* 
on the common. Major Pitcairn, the leader of the Mass. Bay. 
British troops, rode up to them, and cried out " dis- 
perse ye rebels, throw down your arms and disperse." 
They still held their ground, however, when the British 
major advanced nearer, discharged his pistol among 
them, and ordered his men to fire. The militia were Conflict of 
at first disposed to retire, but finding that they were Lexfn*' 
still fired upon, stood, and returned the fire, and sev-andCon- 
eral Were killed on both sides. The detachment pro- i°7 5 ' % pr 
ceeded towards Concord, where they encountered a 
number of militia-men under the command of Major 
Butterick, who, not knowing what had already taken 
place at Lexington, ordered his men not to fire unless 
they were first fired upon by the troops of his majesty. 
As the regulars advanced and came nearer to the 
Americans, the king's troops fired and killed a captain 
and private of the American military. At this the 
American troops gave battle and compelled them to 
commence a retreat towards Boston. Sixty-five of the 
king's army were killed and twenty-eight were taken See Jour- 
prisoners, while of the provincials fifty were killed and p a,s of 
thirty-eight wounded. Thus was the unnatural contest 1V75. 
provoked by aggression and stained with blood. 

The assembly of Massachusetts Bay, being now in ses- 
sion, immediately transmitted an account of this battle 
to Great Britain, accompanied with abundant proof that 
the British troops were the aggressors. They also pre- Address of 
pared an address to the people of Great Britain, where- She^eo. 
in, after enumerating again the wrongs and oppressions [J of „ . 
which they had endured, they say — " these have not a kT 
detached us from our royal sovereign : We profess to be 
his loyal and dutiful subjects, and though hardly dealt 
with as we have been, are still ready, with our lives 
and fortunes, to defend his person, crown and dignity ; 
nevertheless, to the persecution and tyranny of his 
civil ministry, we will not tamely submit Appealing 



552 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Meeting of to heaven for the justice of our cause we determine to 
lul: <«<> or bo free." 

gress at ~~~~~~ ~~ 

phia, May Such was the aspect of affairs, both in England and 
10, 1775. ^ m erica, when the colonial congress again assembled 
at Philadelphia, to " take into consideration the state 
of America." The delegates who, agreeable to their 
appointment, and the orders received from their re- 
Names of spective colonies, met in this congress were, from 
delegates. New Hampshire, Mr. John Sullivan, Mr. John Lang- 
don. 

Massachusetts Bay, Messrs. John Hancock, Thomas 
Cushing, Samuel Adams, John Adams, Robert Treat 
Paine. 

Connecticut, Messrs. Eliphalet Dyer, Roger Sher- 
man, Silas Deane. 

New York, Philip Livingston, James Duane, John 
Alsop. 

New Jersey, James Kinsey, Stephen Crane, William 
Livingston, John De Hart, Richard Smith. 

Pennsylvania, Edward Biddle, John Dickinson, 
Thomas Mifflin, Charles Humphreys, John Morton, 
George Ross, Benjamin Franklin, Thomas Willing. 

Delaware, Caesar Rodney, Thos. McKeane, Geo. Read. 

Maryland, Matthew Tilghman, Thomas Johnson, 
William Paca, Samuel Chase, John Hall. 

Virginia, Peyton Randolph, George Washington, 
Richard Henry Lee, Edmund Pendleton, Benjamin 
Harrison, Richard Bland. 

North Carolina, William Hooper, Joseph Hewes, 
Richard Caswell. 

South Carolina, Henry Middleton, Thomas Lynch, 
Christopher Gadsden, John Rutledge, Edward Rut- 
ledge. 

The Hon. Peyton Randolph was unanimously chosen 

president, and Charles Thomson secretary. Mr. Ran- 

* May 19. dolph subsequently* resigned his place, to return to 

Virginia as speaker of the provincial assembly, when 



THE UNITED STATES OF AMERICA. 553 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

John Hancock of Massachusetts was elected to the The coio- 
presidency of the congress. gressat" 

One of the first acts of this congress was the ap- Phiiadel- 
pointment of a committee to prepare a resolution for a?oi^5. 
general fast, which was reported on the tenth day of 
June, agreed to, and published, as follows, viz.: 

"As the Great Governor of the world, by his su- 
preme and universal providence, not only conducts the 
course of nature with unerring wisdom and rectitude, 
but frequently influences the minds of men to serve 
the wise and gracious purposes of his providential gov- 
ernment ; and it being at all times our indispensable 
duty devoutly to acknowledge his superintending prov- 
idence, especially in times of imminent danger and 
public calamity, to reverence and adore his immutable 
justice, as well as to implore his merciful interposition 
for our deliverance : 

"This congress, therefore, considering the present Recogni- 
critical, alarming, and calamitous state of these colo-^° n .°J 

7 °' Chnstian- 

nies, do earnestly recommend that Thursday, the ity by pro- 
twentieth day of July next, be observed by the inhab- f rTge°n- 
itants of all the English colonies on this continent, eral fast - 
as a day of public humiliation, fasting, and prayer; 
that we may with united hearts and voices, un- 
feignedly confess and deplore our , many sins ; and 
offer up our joint supplications to the All- wise, Omnip- 
otent, and merciful Disposer of all events, humbly 
beseeching him to forgive our iniquities ; to remove 
our present calamities ; to avert those desolating judg- 
ments with which we are threatened ; and to bless our 
rightful sovereign, King George the third, and to in- 
spire him with wisdom to discern and pursue the true 
interest of his subjects, that a speedy end may be put 
to the civil discord between Great Britain and the 
American colonies without further effusion of blood. 
And that the British nation may be influenced to re- 
gard the things that belong to her peace, before they are 
hid from her eyes; That these colonies may ever be 



554 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The coio- under the care and protection of a kind Providence, 

nial C at" anc * ^ e P ros P ere( i m a ^ their interests ; that the divine 

Phiiadei- blessing may descend and rest upon all our civil rulers, 

lVms^ anc * u P on the representatives of the people in their 

several assemblies and conventions, that they may be 

directed to wise and effectual measures for preserving 

the Union, and securing the just rights and privileges 

of the colonies ; that virtue and true religion may 

revive and flourish throughout our land ; and that all 

America may soon behold a gracious interposition of 

Heaven for the redress of her many grievances ; the 

restoration of her invaded rights ; a reconciliation with 

the parent state, on terms constitutional and honorable 

to both ; and that her civil and religious principles 

may be secured to the latest posterity. And it is 

recommended to christians of all denominations to 

assemble for public worship, and to abstain from servile 

, labour and recreation, on that day. 

Journals 

of Con- " Ordered, That a copy of the above be signed by 
6^ S 5 S > the president, and attested by the secretary, and pub- 
p. 117. lished in the newspapers and in handbills."* 
Federal The niost important matter which pressed upon the 

sumelTby" immediate attention of the congress, related to the 
Congress, raising and support of an army, and making prepara- 
tions for the general defence. This called for the 
exercise of federative powers, for which no special 
provision had been made in the credentials of mem- 
bers, and with which the congress had not been form- 
ally invested by the colonies. They therefore neces- 
sarily assumed the exercise of such prerogatives as the 
exigencies of the nation, so to speak, imperatively 
. required. They accordingly enacted an army bill, 
providing for the enlistment of troops, the construc- 
tion of forts at desirable points in the several colonies, 
the supply of arms, munitions, and military stores, and 
Issue and other appliances necessary for the general defence, 
form of They also authorized the emission of bills of credit to 
SSditf the amount of $2,000,000, for the redemption of which 



. THE UNITED STATES OP AMERICA. 555 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

they pledged the faith of the United Colonies. The The coio- 
form of these bills was thus : ™L C ^" 

"Continental Currency. phi* May 

No. . Dollars. 10 > m& 

" This bill entitles the bearer to receive * * * * 
Spanish Milled Dollars, or the value thereof, in gold or 
silver, according to the resolutions of the Congress, held 
at Philadelphia, on the 10th day of May, A. D. 1775." 



The formation of the army, however, was not a Formation 
matter unattended with difficulty. '-The situation of f, acol °" 

J nial ariaj. 

the troops already raised in New England, and now 
actually besieging Boston, and which had been ten- 
dered to congress, became an early and absorbing con- 
sideration. It was without munitions of war, without The army 
arms, clothing, or pay ; in fact, without legislative Bay. aSS * 
countenance or encouragement. Unless sanctioned 
and assisted by the congress, there was danger of its 
dissolution. If dissolved, how could another be col- 
lected ? If dissolved, what would there be to prevent 
the British from sallying out of Boston, and spreading 
desolation throughout the country ? All this was the * See l 
subject of much discussion out of doors. But the waTlfing- 
more difficult question was, " who should be com- ton - 
mander-in-chief ? " * 

.Mr. Adams, in his diary, gives us glimpses of the who shall 
conflict of opinions and interests within' doors. " There be co . m \ 

mander-in- 

was a southern party, he says, "which could not brook chief? 
the idea of a New England army , commanded by a 
New England general. Whether this jealousy was sin- 
cere, or whether it was mere pride, and a haughty 
ambition of furnishing a southern general to command 
the northern army, I cannot say ; but the intention 
was very visible to me, that Colonel Washington was 
their object ; and so many of our staunchest men were 
in the plan, that we could carry nothing without con- Embar - 
ceding to it. There was another embarrassment, f the 
which was never publicly known, and which was care- q uestion » 



556 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- fully concealed by those who knew it. The Massachu- 
mai con- tt an( j tj ier N ew England delegates were divided. 

gress at ° ° 

Phiiadei- Mr. Hancock and Mr. Cushing hung back. Mr. Paine 
i ia 1 ' 7 7 5 ay did not come forward, and even Mr. Samuel Adams 
was irresolute. Mr. Hancock himself had an ambition 
Formation to be appointed commander-in-chief. Whether he 
nial army, thought an election a compliment due to him, and 
intended to have the honor of declining it, or whether 
he would have accepted it, I know not. To the com- 
pliment he had some pretensions, for, at that time, his 
exertions, sacrifices, and general merits in the cause 
of his country, had been incomparably greater than 
those of Colonel Washington. But the delicacy of his 
health, and his entire want of experience in actual 
service, though an excellent militia officer, were deci- 
sive objections to him in my mind. 
Who shall " General Charles Lee was at that time in Philadel- 
mander-in- phia. A former visit had made him well acquainted 
chief? w j^| 1 the leading members of congress. He was well 
known to have manifested an active interest in the 
cause of the colonies, and the public had an almost 
extravagant idea of his military qualifications. He 
was of foreign birth, however, and it was deemed im- 
proper to confide the supreme command to any but a 
native-born American." 
General "The opinion evidently predominated in favor of 

bf£5?rf Washington ; yet it was promoted by no clique of par- 
Washing- tizans or admirers. More than one of the Virginia 
delegates were cool on the subject of his appointment, 
and particularly Mr. Pendleton was clear and full 
* Diary of against it."* It is scarcely necessary to add, says 
fms°vti d 2. Irving, " that Washington in this, as in every other 
situation in life, made no step in advance to clutch the 
impending honor." 
See l « ^ r Adams, in his diary, claims the credit of bring- 

Irving's ' •" . . . . 

Washing- ing the members of congress to a decision. Kising in 

ton, 450. hig placCj one dayj an( j stating briefly, but earnestly, 

the exigencies of the case, he moved that congress 



THE UNITED STATES OP AMERICA. 557 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

should adopt the (New England) army at Cambridge, The coio- 

and appoint a general. Though this was not the time „\ d ess at " 

to nominate the person, 'yet,' he adds, 'as I had rea- Phiiadei- 
. _ tit p'n^j jM&y 

son to believe this was a point of some difficulty, 1 had io, ms. 

no hesitation to declare that I had but one gentleman 

in my mind for that important command, and that was Formati on 

t /• ^r- .'■'• ■. i ofthecolo- 

a gentleman irom Virginia, who was among us, and n i a i army; 
very well known to all of us ; a gentleman whose skill electlon ° f 

J ' ° command- 

and experience as an officer, whose independent for- er-in-chief. 
tune, great talents, and excellent universal character, 
would command the approbation of all America, and George 
unite the cordial exertions of all the colonies, better t0 *2' 
than any other person in the Union. Mr. Washington, nated b 7 

Mr.Adains. 

Avho happened to sit near the door, as soon as he heard 

me allude to him, from his usual modesty, darted into 

the library-room. Mr. Hancock, who was our presi- His nomi- 

dent, which gave me an opportunity to observe his natl ? n 1 _\ ovr 

D ri j received. 

countenance ; while I was speaking on the state of the 
colonies, the army at Cambridge, and the enemy, he 
heard me with visible pleasure ; but when I came to 
describe Washington for the commander, I never re- 
marked a more sudden and striking change of counte- 
nance. Mortification and resentment were expressed 
as forcibly as his face could exhibit them. 

" When the subject came under debate, several dele- 
gates opposed the appointment of Washington, not from 
personal objections, but because the army were all from 
New England, and had a general of their own, Gen- 
eral Artemas Ward, with whom they appeared well sat- * } frving'a 

• i t Washing- 

lsfied; and under whose command they had proved ton; John 
themselves able to imprison the British army in Boston, p^. ms v i 
which was all that was to be expected or desired."* 2. 

The subject, however, was postponed, and further 
deliberated and discussed until the fifteenth day of June, 
when it was 

"Resolved, That a general be appointed to com- Resol " tion 

. . rr to go into 

mand all the continental forces raised, or to be raised, an election. 



558 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The eolo- for the defence of American liberty. That five hundred 
gress at dollars per month be allowed for his pay and expenses." 
Phiiadei- Whereupon the congress proceeded to the choice of 

plna, May A ° J- 

10,1775. a general, when George Washington, Esquire, was 
Washing- unanimously elected, after which the congress ad- 

ton elected 

general, journed to the sixteenth inst. 

Friday, June sixteenth, 1775. The congress met pur- 
Washing- suant to adjournment. The president, from the chair, 
fied oniis m fo rme d Washington that he had the orders of the 
election, congress to acquaint him that the congress had, by an 
' unanimous vote, made choice of him to be General and 
Commander-in-Chief, to take the supreme command of 
the forces raised, and to be raised, in defence of Ameri- 
can liberty, and desired his acceptance of it. 

To which Colonel Washington, standing in his place, 
answered : 
His accept- "Mr. President. Though I am truly sensible of the 
high honor done me, in this appointment, yet I feel 
great distress, from a consciousness that my abilities 
and military experience may not be equal to the exten- 
sive and important trust. However, as the congress 
desire it, I will enter on the momentous duty, and exert 
every power I possess in their service, and for support 
of the glorious cause. I beg they will accept my most 
cordial thanks for this distinguished testimony of their 
approbation. 

"But, lest some unlucky event should happen unfa- 
vorable to my reputation, I beg it may be remembered, 
by every gentleman in the room, that I this day declare, 
with the utmost sincerity, I do not think myself equal 
to the command I am honored with. 

" As to pay, Sir, I beg leave to assure the congress, 

that as no pecuniary consideration could have tempted 

me to accept this arduous employment, at the expense 

of my domestic ease and happiness, I do not wish to 

* 2. Ameri- niake any profit from it. I will keep an exact account 

can Ar- f my expenses. Those, I doubt not, they will discharge, 

ctiivcs 

1848. ' and that is all I desire.* 



THE UNITED STATES OF AMERICA. 559 



THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



Mr. Lee, Mr. E. Padledge, and Mr. J. Adams, were The colo- 
tlien appointed a committee to draft a commission gr ' esg at 
and instructions for the general; which were subse- Phiiadel- 

° phia, May 

quently reported and adopted as follows: 10, 1775. 

" In Congress. — The Delegates of The United Colo- Committee 

_ . ° _, th i oncommia- 

nies of New Hampshire ; Massachusetts .Bay ; Khocle s i 0Q) & c< 
Island; Connecticut; New York; New Jersey; Penn- 
sylvania; the counties of New Castle, Kent and Sussex JJ, e e p ^ m ? f 
on Delaware; Maryland; Virginia; North Carolina and mittee. 
South Carolina; in congress assembled. 

" To George Washington, Esq. : 

"We, reposing special trust and confidence in your The com- 
patriotism, valour, conduct and fidelity, do, by these Adopted.* 
presents, constitute and appoint you to be General and 
Commander-in-Chief of the army of the United Colo- 
nies, and of all the forces now raised, or to be raised, 
by them, and of all others who shall voluntarily offer 
their service and join the said army for the defence of 
American liberty, and for repelling every hostile inva- 
sion thereof. And you are hereby vested with full 
power and authority to act as you shall think for the 
good and welfare of the service. 

" Arid we do hereby strictly charge and require all 
officers and soldiers under your command, to be obedi- 
ent to your orders, and diligent in the exercise of their 
several duties. 

" And we do also enjoin and require you to be care- 
ful in executing the great trust reposed in you, by caus- 
ing strict discipline and order to be observed in the 
army ; and that the soldiers be duly exercised, and pro- 
vided with all convenient necessaries. And you are to 
regulate your conduct in every respect by the rules and 
discipline of war (as herewith given you) and punctu- 
ally to observe and follow such orders and directions, 
from time to time, as you shall receive from this or a 
future congress of these United Colonies, or committee 
of congress. 



560 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- u This commission to continue in force until revoked 
IPr^?' bv this or a future congre-s. 
Phikidei- <» By order of the congress. 

in!i775. 7 u Philadelphia, June 17,1775." 

Formation 

oftheeolo- Iminediatelv on the adoption of this report of the 

Dial anuv. . *,,.., , 

committee, and ordering it to be engrossed and deliv- 
ered to the general, it was further 
to^dhere 11 *' Resorted unanimously, upon the question, Whereas, 
to the com- the delegates of all the colonies, from Nova Scotia to 
chief. Georgia, in congress assembled, have unanimously 
chosen George Washington, Esq., to be general and 
commander-in-chief of such forces as are, or shall be, 
raised for the maintenance and preservation of Ameri- 
can liberty; this congress doth now declare that they 
"will maintain and assist him, and adhere to him, the 
said George Washington, Esq., with their lives and for- 

Election of . ° ° ' ^ ' 

other army tunes in the same cause. 

officers. The con g ress then proceeded to the choice of other 

officers in the army, by ballot, when Artemas Ward, 
Esq., was chosen first major-general. 

Horatio Gates, Esq., adjutant-general with the rank 
of a brigadier-general. 

diaries Lee, Esq., second major-general. 



Instrue- 



Inst ructions to General Washington. 
tions to « To George Washington, Esq. : 

mander-hv " This congress having appointed you to be general 
chief. anQ i commander-in-chief of the army of the United 
Colonies, and of all the forces raised or to be raised by 
them, and of all others who voluntarily offer their ser- 
vice and join the said army for the defence of American 
liberty, and for repelling every hostile invasion thereof, 
you are to repair with all expedition to the colony of 
Massachusetts Bay and take charge of the army of the 
united colonies. For your better direction, 
To make " 1. You are to make a return to us as soon as possi- 
forcesf ° ^ e °f a ^ f° rces which you shall have under your com- 
mand, together with their military stores and provisions. 



THE UNITED STATES OF AMERICA. 561 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

And also, as exact an account as you can obtain of the The colo- 
forces which compose the British army in America. gress at " 

" 2. You are not to disband any of the men you find Phiiadel- 
raised, until further direction from this congress ; and 1775. 
if you shall think their numbers not adequate to the To recruit 
purpose of security, you may recruit them to a number 
you shall think sufficient, not exceeding double that of 
the enemy. 

" 3. In all cases of vacancy occasioned by the death or To fill 
removal of a colonel, or other inferior officer, you are Tacancies - 
by brevet, or warrant under your seal, to appoint 
another person to fill up such vacancy, until it shall 
otherwise be ordered by the provincial convention, or 
the assembly of the colony from whence the troops in 
which such vacancy happen shall direct otherwise. 

" 4. You are to victual, at the continental expense, all To victual 
such volunteers as have joined or shall join the united volunteers - 
army. 

" 5. You shall take every method in your power, con- To destroy 
sistent with prudence, to destroy or make prisoners of theenem y- 
all persons who now are or hereafter shall appear in 
arms against the good people of the united colonies. 

" 6. And whereas, all particulars cannot be foreseen, Discretion- 
nor positive instructions for such emergencies so before- ar - v man " 
hand given, but that many things must be left to your ° 
prudent and discreet management, as occurrences may 
arise upon the place, or from time to time fall out, you 
are, therefore, upon all such accidents, or any occa- 
sions that may happen, to use your best circumspec- 
tion ; and (advising with your council of war,) to 
order and dispose of the said army under your com- 
mand as may be most advantageous for the obtaining 
the end for which these forces have been raised, making: 
it your special care, in discharge of the great trust * 3 Am. 
committed to you that the liberties of America receive f 8 r jf. lves ' 
no detriment."* 

At the request of General Washington, the congress ^en™*' 
increased the number of brigadier-generals to eight, chosen. 
36 



562 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- chosen as follows: — Seth Pomeroy, first; Richard 

grelJat Montgomery, second ; David Wooster, third ; William 

Phiiadei- Heath, fourth ; Joseph Spencer, fifth ; John Thomas, 

io, ia i7'75. y s i xtu > John Sullivan, seventh ; Nathaniel Greene, 
eighth ; to receive their commissions through the hands 

* Ibid. of the general.* 



It is not within the scope of my design in this work, 

to enter further into detail as to the formation of the 

continental army, or to note the military operations 

General directed by the congress during the progress of the 

menTai" revolution. I refer to them thus far at this period sim- 

powers as- pjy as illustrative of the supreme administrative and 

sumed and ,. . 

exercised legislative powers which were exercised by the colonial 
by lt * congress, without any formal delegation of such pre- 
rogatives to that body by the colonies, beyond the ap- 

Its pohti- pointment of delegates to the convention which corn- 
eal aspects. l ° 

posed it. It was the initial revolutionary condition 

in their governmental history which preceded, and 
eventually produced the necessity of, a more substan- 
tial national organization. There probably never was 
an exercise of the prerogatives of sovereignty more 
complete or supreme, than that now assumed by this 
colonial congress : It really and virtually placed a 
whole continent in arms, and subjected the whole 
American people, as it were, to martial law. The fact 
that it thus assumed to itself, and exercised, these attri- 
butes of sovereignty while the colonies themselves were 
yet acknowledged dependencies upon the British crown, 
is worthy of especial remembrance. Its importance as 
a matter of veritable historical record will be more 
apparent, when we come to treat of that portion of our 
governmental history which is embraced in the fourth 
part of this work. In this connection, too, one of the 
most important acts of the congress, was the adoption 
of a manifesto setting forth the causes which had com- 
pelled them to resort to arms. It was reported by a 
committee appointed for the purpose, debated by para- 
graphs, and adopted July sixth, 1775, as follows, viz. : 



THE UNITED STATES OP AMERICA. 563 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

" A Declaration by the representatives of the United The colo- 
Colonies of North America, now met in congress at mal c0 "' 

-' ' ~ gress at 

Philadelphia, setting- forth the causes and necessity of PMadel- 

,, . , , . phia, May 

their taking- up arms : i i 775 

"If it were possible for men who exercise their rea- Manifesto 
son to believe that the Divine Author of our existence °£ a ^ s DS 

intended a part of the human race to hold an absolute adopted 

• -i i -i -i , , -. Jul y 6th - 

property in, and unbounded power over others, marked 

out by his infinite goodness and wisdom, as the objects 
of a legal domination, never rightfully resistible, how- 
ever severe and oppressive ; the inhabitants of these 
colonies might at least require from the parliament of 
Great Britain, some evidence that this dreadful author- 
ity over them had been granted to that body ; but a 
reverence for our Great Creator, principles of human- 
ity, and the dictates of common sense, must convince 
all those who reflect upon the subject, that government 
was instituted to promote the welfare of mankind, and 
ought to be administered for the attainment of that 
end. The legislature of Great Britain, however, stim-Oppres- 
ulated by an inordinate passion for power, not only desSniTof 
unjustifiable, but which they know to be peculiarly P arlia * 
reprobated by the very constitution of that kingdom ; 
and despairing of success in any mode of contest, 
where regard should be had to law, truth, or right ; 
have at length, deserting those, attempted to effect 
their cruel and impolitic purpose of enslaving these 
colonies by violence, and have thereby rendered it nec- 
essary for us to close with their last appeal from reason 
to arms. Yet, however blinded that assembly may be 
by their intemperate rage for unlimited domination, so 
to slight justice in the opinion of mankind, we esteem 
ourselves bound by obligations to the rest of the world 
to make known the justice of our cause. Thesettle- 

" Our forefathers,inhabitants of the island of Great Brit- America, 
ain, left their native land, to seek on these shores a resi- 
dence for civil and religious freedom. At the expense of 
their blood at the hazard of their fortunes, without the 



564 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- least charge to the country from which they removed, 
cress at" u y unceasing labour and an unconquerable spirit, they 
rhiiacki- effected settlements in the distant and inhospitable 
in, 1775. wilds of America, then filled with numerous and war- 
Manifesto like nations of barbarians. Societies or governments, 
up arms, vested with perfect legislatures, were formed under 
adopted c i iar ters from the crown, and an harmonious inter- 

July Ctb. ' 

course was established between the colonies and the 
kingdom from which they derived their origin. 

" The mutual benefits of this union became in a short 
time so extraordinary as to excite astonishment. It is 
universally confessed that the amazing increase of the 
wealth, strength, and navigation of the realm, arose 
from this source ; and the minister, who so wisely and 
Benefits successfully directed the measures of Great Britain in 
En'knd* tne * ate war ' P ul °licly declared that these colonies 
from the enabled her to triumph over her enemies. Towards 
colonies. ^ e conc ] us i on f that waTj it pleased our sovereign to 
make a change in his councils. From that fatal mo- 
ment, the affairs of the British empire began to fall 
into confusion, and, gradually sliding from the summit 
of glorious prosperity to which they had been advanced 
by the virtues and abilities of one man, are at length 
distracted by the convulsions that now shake it to its 
Conduct of deepest foundations. The new ministry finding the 
towuFthe Lrave foes of Britain > though frequently defeated, yet 
colonies, still contending, took up the unfortunate idea of grant- 
ing them a hasty peace, and then subduing her faithful 
friends. These devoted colonies were judged to be in 
such a state as to present victories without bloodshed, 
and all the easy emoluments of statutable plunder. 
The uninterrupted tenor of their peaceable and respect- 
ful behaviour from the beginning of colonization ; their 
dutiful, zealous, and useful services during the war, 
though so recently and amply acknowledged in the 
most honorable manner by his majesty, by the late king, 
and by parliament, could not save them from the medi- 
tated innovations. Parliament was influenced to adopt 



THE UNITED STATES OF AMERICA. 565 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

the pernicious project, and, assuming a new power over The coio- 
theni, have in the course of eleven years given such ^J™" 
decisive specimens of the spirit and consequences PhUadel- 
attending this power, as to leave no doubt concerning loj'msf 
the effects of acquiescence under it. They have under- Manifesto 
taken to give and grant our money without our consent, up armS) 

though we ever exercised an exclusive right to dispose adopted 
& • •, » Jul y 6th « 

of our own property ; statutes have been passed for ex- 
tending the jurisdiction of courts of admiralty and 
vice admiralty beyond their ancient limits ; for depriv- 
ing us of the accustomed and inestimable privilege of 
trial by jury in cases affecting both life and property ; Infringe- 
for suspending the legislature of one of the colonies ; ^"heir 
for interdicting all commerce to the capital of another ; rights by 
and for altering fundamentally the form of government mentt 
established by charter, and secured by acts of its own 
legislature solemnly confirmed by the crown ; for ex- 
empting the "murderers" of colonists from legal trial, 
and in effect, from punishment ; for erecting in a neigh- 
boring province, acquired by the joint arms of Great 
Britain and America, a despotism dangerous to our 
very existence ; and for quartering soldiers upon the 
colonists in time of profound peace. It has also been 
resolved in parliament, that colonists charged with 
committing certain offences, shall be transported to 
England to be tried. 

"But why should we enumerate our injuries inEnumera- 
detail ? By one statute it is declared, that parliament ^° gj° f of ~ 
can ' of right make laws to bind us in all cases tr/m/so-actsofpar- 
everS What is to defend us against so enormous, so 
unlimited a power ? Not a single man of those who 
assume it, is chosen by us ; or is subject to our control 
or influence ; but on the contrary they are all of them 
exempt from the operation of such laws ; and an Amer- 
ican revenue,!? not diverted from the ostensible pur- The reve- 
poscs for which it is raised, would actuallv lighten nu ^ F° hcy 

r t J ° and its en- 

their own burdens in proportion as they increase ours, forcement. 
We saw the misery to which such despotism would 



566 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- reduce us. We for ten years incessantly and ineffect- 

gl-essaT uall y besi eged the throne as supplicants ; we reasoned, 

rhihdei- we remonstrated with parliament in the most mild and 

io! a i775. y decent language. Administration, sensible that we 

Manifesto should regard these oppressive measures as freemen 

uparms, S ought to do, sent over fleets and armies to enforce 

adopted them. The indignation of the Americans was roused, 

July 6vU. .... ' 

it is true ; but it was the indignation of a virtuous, 

loyal, and affectionate people. A congress of delegates 

*The colo-fr° m tne united colonies was assembled at Philadelphia 

mai con- on t h e fifth d a y f i as t September.* We resolved again 

£, I coo 01 

HU. to offer an humble and dutiful petition to the king, 
and also addressed our fellow subjects of Great Britain. 
We have pursued every temperate, every respectful 
measure ; we have even proceeded to break off our 
commercial intercourse with our fellow subjects as the 
last peaceable admonition, that our attachment to no 
nation on earth would supplant our attachment to lib- 
erty. This we flattered ourselves was the ultimate 
step of the controversy, but subsequent events have 
shown how vain was this hope of finding moderation in 
our enemies. Several threatening expressions against 
the colonies were inserted in his majesty's speech : Our 
petition, though we were told it was a decent one, and 
that his majesty had been pleased to receive it gra- 
ciously, and to promise laying it before his parliament, 
was huddled into both houses among a bundle of Amer- 
ican papers, and there neglected. The Lords and Com- 
mons in their address in the month of February, said, 
that ' a rebellion at that time actually existed in the 
province of Massachusetts Bay, and that those con- 
Massachu- cerned in it had been countenanced and encouraged 
deciare'dto ^y unlawful combinations, and engagements entered 
be in a } n t by his majesty's subjects in several of the colonies, 
rebellion, and therefore they besought his majesty that he would 
take the most effectual measures to enforce due obe- 
dience to the laws and authority of the supreme legis- 
lature.' " 



THE UNITED STATES OF AMERICA. 567 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

" Soon after, the commercial intercourse of whole The cob- 
colonies with foreign countries was cut off by an act of ™ 3 ° at " 

parliament ; by another, several of them were entirely PhUadel- 

n • 1 • P hia > Mav 

prohibited from the fisheries in the seas near their io f 1775. 

coasts, on which they always depended for their sub- Manifesto 
sistence ; and large reinforcements of ships and troops up arms ° 
were immediately sent over to General Gage. Fruit- jWjjJ 
less were all the entreaties, arguments, and eloquence 
of an illustrious band of the most distinguished peers 
and commoners, who nobly and strenuously asserted 
the justice of our cause, to stay, or even to mitigate, 
the heedless fury, with which these accumulated out- 
rages were hurried on. Equally fruitless was the in- 
terference of the city of London, of Bristol, and many 
other respectable towns in our favor. Parliament 
adopted an insidious manceuver calculated to divide us, 
to establish a perpetual auction of taxations, where 
colony should bid against colony, all of them unin- 
formed what ransom would redeem their lives ; and Acts for 
thus to extort from us, at the point of the bayonet, the the^om- 5 
unknown sums that would be sufficient to gratify, if mercial 

, . policy of 

possible to gratify, ministerial rapacity, with the miser- taxation, 
able indulgence left to us of raising, in our own mode, 
the prescribed tribute. What terms more rigid and hu- 
miliating could have been dictated by remorseless vic- 
tors to conquered enemies ? In our circumstances to 
accept them, would be to deserve them. 

" Soon after the intelligence of these proceedings ar- Move- 
rived on this continent, General Gage, who in the™|°*^° f 
course of the last year had taken possession of Boston, Gage in 
in the province of Massachusetts Bay, and still occu- 
pied it as a garrison, on the nineteenth day of April, 
sent out from that place a large detachment of his army, 
who made an unprovoked assault on the inhabitants of 
the said province, at the town of Lexington — as ap- 
pears by the affidavits of a great number of persons, fli c t at Lex- 
some of whom were officers and soldiers of that de- ™E toa an d 

Concord. 

tachment — murdered eight of the inhabitants, and 



568 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of tiie revolution. 



The colo- wounded many others. From thence the troops pro- 
mai ton- ceec } e( i [ n warlike array to the town of Concord, where 

£T I OSS till * 

Phikdei- they set upon another party of the inhabitants of the 

\o] & ill7. same P rovmce > killing several and wounding more, 

Manifesto until compelled to retreat by the country people, sud- 

nparmsf denly assembled to repel this cruel aggression. Hos- 

adopted tilities thus commenced by the British troops, have been 

July 6th. . iii-i 

since prosecuted by them without regard to faith or 
reputation. The inhabitants of Boston being confined 
within that town, by the general their governor, and 
having, in order to procure their dismission, entered 
into a treaty with him ; it was stipulated that the said 
inhabitants, having deposited their arms with their own 
magistrates, should have liberty to depart, taking with 
them their own effects. They accordingly delivered 
up their arms, but in open violation of honor, in defi- 
ance of the obligation of treaties, which even savage 
nations esteem sacred, the governor ordered the arms, 
deposited as aforesaid that they might be preserved for 
their owners, to be seized by a body of soldiers, de- 
tained the greatest part of the inhabitants in the town, 
and compelled the few who were permitted to retire, 
to leave their most valuable effects behind. By this 
Perfidy of perfidy, wives are separated from their husbands, chil- 
dren from their parents, the aged and sick from their 
relations and friends who wish to attend and comfort 
them ; and those who have been used to live in plenty, 
and even elegance, are reduced to deplorable distress : 
His proc- The general, further emulating his ministerial masters, 
Lg'ainst 11 b y a proclamation bearing date- on the twelfth day of 
Mass. Bay. j Lln(3j a ft er venting the grossest falsehoods and calum- 
nies against the good people of these colonies, proceeds 
to declare them all, either by name or description, to be 
rebels and traitors ; to supersede the course of the com- 
mon law, and instead thereof to publish and order the 
Butcheries use of the law martial. His troops have butchered our 
fla<ra- n countrymen, have wantonly burnt Charlestown, besides 
tions. a considerable number of houses in other places ; our 



THE UNITED STATES OP AMERICA. 569 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

ships and vessels are seized ; the necessary supplies of The coio- 

. . . , IT- i.'1'J. n ' a l C0Q " 

provisions are intercepted ; and he is exerting Ins ut- gl . eaa at 
most power to spread destruction and devastation ^ a< ^*" 
around him. We have received certain intelligence, 10, 1775. 
that General Carleton, the governor of Canada, is i n - Ma ^ e . st0 

° 'on taking 

stigating the people of that province, and the Indians, up arms, 

to fall upon us ; and we have but too much reason to j u °' 5 g th _ 

apprehend that schemes have been formed to excite Combina- 

domestic enemies against us. In brief, a part of these ^French 

colonies now feel, and all of them are sure of feeling, and in- 

as far as the vengeance of administration can inflict 

them, the complicated calamities of fire, sword, and 

famine. 

" We are reduced to the alternative of choosing an The neces- 

unconditional submission to the tyranny of irritated ? lt y? f * m " 

m . in g in de- 

ministers, or resistance by force. The latter is our fence. 

choice. We have counted the cost of this contest, and 
find nothing so dreadful as voluntary slavery. Honor, 
justice, and humanity, forbid us tamely to surrender 
that freedom which we received from our gallant an- 
cestors, and which our innocent posterity have a right 
to receive from us. We cannot endure the infamy and 
guilt of resigning succeeding generations to that wretch- 
edness which inevitably awaits them, if we basely entail 
hereditary bondage upon them. Our cause is just. 
Our union is perfect. Our internal resources are great, 
and, if necessary, foreign assistance is undoubtedly at- 
tainable. We gratefully acknowledge as signal instan- Recogni- 
ces of the Divine favour towards us, that his providence tw J? of and 

7 l reliance 

would not permit us to be called into this severe con- upon Prov- 
troversy, until we were grown up to our present 1 ence ' 
strength, had been previously exercised in warlike oper- 
ations, and possessed of the means of defending our- 
selves. With hearts fortified with these animating re- 
flections, we most solemnly, before God and the world, 
declare, that, exerting the utmost energy of those 
powers which our beneficent Creator hath graciously 
bestowed upon us, the arms which we have been com- 



5T0 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- pelled by our enemies to assume, we will, in defiance 
gross at" °f evei T hazard, with unabating firmness and persever- 
Phiiadei- ance, employ for the preservation of our liberties ; 
10, ills, being with one mind resolved to die as freemen rather 
Manifesto than to live as slaves. 

up arnlsf " Lest this declaration should disquiet the minds of 
j d ? pt g t ^ our friends and fellow-subjects in any part of the em- 
pire, we assure them that we mean not to dissolve that 
union which has so long and so happily subsisted be- 
tween us, and which we sincerely wish to see restored. 
Necessity has not yet driven us into that desperate 
measure, or induced us to excite any other nation to 
war against them. We have not raised armies with 
ambitious designs of separating from Great Britain, 
They do and establishing independent states. We fight not for 
independ- $ or Y or f° r conquest. We exhibit to mankind the re- 
ence. markable spectacle of a people attacked by unprovoked 
enemies, without any imputation or even suspicion of 
offence. They boast of their privileges and civilization, 
and yet proffer no milder conditions than servitude or 
death. In our own native land ; in defence of the 
freedom that is our birth-right, and which we ever 
enjoyed till the late violation of it ; for the protection 
of our property, acquired solely by the honest industry 
of our forefathers and ourselves; against violence ac- 
tually offered ; we have taken up arms. We shall lay 
them down when hostilities shall cease on the part of 
the aggressors, and all danger of their being renewed 
Conclu- shall be removed, and not before. With an humble 
confidence in the mercies of the supreme and impartial 
Judge and Ruler of the universe, we most devoutly im- 
plore his Divine goodness to protect us happily through 
this great conflict, to dispose our adversaries to recon- 
ciliation on reasonable terms, and thereby to relieve 
the empire from the calamities of civil war." 



eion. 



Such were the sublime and exalted motives which 
influenced the representatives of the American people 



THE UNITED STATES OP AMEBICA. 571 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

in the deliberations of this congress, and snch the causes The coio- 
which arrayed the colonies in arms against their mother ™£ a £ at" 
country. They had now arrived near to that crisis Phiiadel- 
which was to define more positively their position, and lo^msf 
settle for ever their relations with the parent state and 
with each other. Although the idea of a total separa- 
tion of themselves from all dependence upon the crown 
of Great Britain, had been entertained in the provin- 
cial assemblies of some few of the colonies, the ques- 
tion was not yet agitated in the congress, nor does it 
seem to have been anticipated, certainly not desired or Separation 
sought for by them, at this session. This is apparent ^°m Great 
not only from the foregoing manifesto, but also from aimed at. 
all their other proceedings. Their renewed appeals to 
the king, and to the people of Great Britain, contain 
the strongest, most earnest, and unequivocal assuran- 
ces of allegiance. These, it is true, were not adopted 
without opposition, still that opposition did not have 
its origin in any aim or desire for separation. Those 
opposed to these measures contended, " that the last 
petition of the congress to the king, contained all that 
their unhappy condition could suggest. It represented 
their grievances, implored redress, and professed their 
readiness to contribute to the general want, to the ut- 
most of their abilities, when constitutionally required. 
But the ungracious reception of their petitions by the 
king, by ministry, and by parliament, seemed to close 
the door against further approach to them." They They unite 
united, however, in another petition to his maiestv and in { ™ ther 

i r. y-A petitioning 

another address to the people of Great Britain. As the crown, 
important state papers, which mark their progress dur- 
ing the transition period of our governmental history, 
these documents become a part of this work, and can- 
not fail to interest and instruct the reader. 

The petition to the king, being engrossed, was com- Petition to 
pared at the table, and signed by the several members, a ^ e k ^|' 
Saturday, July eighth, 1775. It reads as follows, viz. : July 8th. 



572 • THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

nial con°~ " To THE KING'S MOST EXCELLENT* MAJESTY. 

Phiiadd- " Most Gracious Sovereign : 

phia May <■ We, your majesty's faithful subjects of the colonies 
Petition to °^ New Hampshire ; Massachusetts Bay ; Rhode Island 
the king, an d Providence Plantations ; Connecticut ; New York ; 

adopted . 

July sth. New Jersey; Pennsylvania; the counties of New Cas- 
tle, Kent and Sussex, on Delaware ; Maryland ; Vir- 
ginia ; North Carolina and South Carolina ; in behalf 
of ourselves and the inhabitants of these colonies, who 
have deputed us to represent them in general congress, 
entreat your majesty's gracious attention to this our 
humble petition. 
Benefits of " The union between our mother country and these 
with Great c °l° n ^ es 5 an -d the energy of mild and just government, 
Britain. produced benefits so remarkably important, and afforded 
such an assurance of their permanency and increase, that 
the wonder and envy of other nations were excited, 
while they beheld Great Britain rising to a power the 
most extraordinary the world had ever known. 

" Her rivals, observing that there was no probability 
of this happy connection being broken by civil dissen- 
sions, and apprehending its future effect if left any 
longer undisturbed, resolved to prevent her receiving 
such continual and formidable accessions of wealth and 
strength, by checking the growth of these settlements 
from which they were to be derived. 

" In the prosecution of this attempt, events so unfa- 
vorable to the design took place, that every friend to 
the interest of Great Britain and these colonies, enter- 
tained pleasing and reasonable expectations of seeing 
an additional force and exertion immediately given to 
the operations of the union hitherto experienced, by 
an enlargement of the dominions of the crown, and the 
Services of removal of ancient and warlike enemies to a greater 

French "At the conclusion, therefore, of the late war* the 

* 1763. most glorious and advantageous that had ever been 



THE UNITED STATES OF AMERICA. 573 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



carried on by British arms ; your loyal colonists hav-Thecolo- 
ing contributed to its success by such repeated and gre J°t" 
strenuous exertions as frequently procured them the PhUadjl- 
distinguished approbation ol your majesty, ol the late 10) 1775. 
king, and of parliament, doubted not but that they 
should be permitted, with the rest of the empire, to Petition to 
share in the blessings of peace, and the emoluments of adopted' 
victory and conquest. Jul y 8th " 

" While these recent and honorable acknowledgments 
of their merits remained on record in the journals and 
acts of that august legislature, the parliament, unde- 
faced by the imputation or even the suspicion of any 
offence, they were alarmed by a new system of statutes 
and regulations adopted for the administration of the 
colonies, that filled their minds with the most painful Revenue 
fears and jealousies ; and, to their inexpressible aston- ®: v ® te ' 11 of 
ishment, perceived the danger of a foreign quarrel 
quickly succeeded by domestic danger, in their judg- 
ment of a more dreadful kind. 

"Nor were these anxieties alleviated by any tendency injurious 
in this system to promote the welfare of their mother !? . Gr . eat 

J r Britain. 

country. For though its effects were more immediately 
felt by them, yet its influence appeared to be injurious 
to the commerce and prosperity of Great Britain. 

"We shall decline the ungrateful task of describing conduct of 
the irksome variety of artifices produced by many of the . mmis - 
your majesty's ministers, the delusive pretences, fruit- premises, 
less terrors, and unavailing severities, that have, from 
time to time, been dealt out by them, in their attempts 
to execute this impolitic plan, or of tracing, through a 
series of years past, the progress of the unhappy differ- 
ences between Great Britain and these colonies, that 
have flowed from this fatal source. 

" Your majesty's ministers, persevering in their compelled 
measures, and proceeding to open hostilities for en- toarmin 
forcing them, have compelled us to arm in our own fence. 
defence, and have engaged us in a controversy so pe- 
culiarly abhorrent to the affections of your still faithful 



574 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

Tbe colo- colonists, that when we consider whom we must oppose 
^ssat" * n ^* s con * es *> anc *> if it continues, what may be the 
Phiiadei- consequence, our own particular misfortunes are ac- 
iVmo? 7 counted by us only as parts of our distress. 
Petition to "Knowing to what violent resentments, and incura- 
adop'tTd ' ^le animosities, civil discords are apt to exasperate and 
July 8th. inflame the contending parties, we think ourselves 
Deplore required, by indispensable obligations to Almighty 
sityof self-God, to your majesty, to our fellow-subjects, and to 
defence, ourselves, immediately to use all the means in our 
power, not incompatible with our safety, for stopping 
the further effusion of blood, and for averting the 
impending calamities that threaten the British Empire. 
Their re- "Thus called upon to address your majesty on affairs 
his majes- 0I " such moment to America, and probably to all your 
ty- dominions, we are earnestly desirous of performing 

this office with the utmost deference for your majesty ; 
and we therefore pray your majesty's royal magnanim- 
ity and benevolence may make the most favorable con- 
struction of our expressions on so uncommon an 
occasion. Could we represent in their full force the 
sentiments that agitate the minds of us your dutiful 
subjects, we are persuaded your majesty would ascribe 
any seeming deviation from reverence in our language, 
and even in our conduct, not to any reprehensible 
intention, but to the impossibility of reconciling the 
usual appearances of respect with a just attention to 
our own preservation against those artful and cruel 
enemies who abuse your royal confidence and author- 
ity, for the purpose of effecting our destruction. 
Attach- "Attached to your majesty's person, family, and 

thTcrown. government, with all the devotion that principle and 
affection can inspire ; connected with Great Britain by 
the strongest ties that can unite societies, and deplor- 
ing every event that tends in any degree to weaken 
Perpetual them ; we solemnly assure your majesty, that we not 
union to on w m0 st ardently desire the former harmony between 

the crown .,, ,. , i i_ < .. 1 

desired, her and these colonies mav be restored, but that con- 



THE UNITED STATES OF AMERICA. 575 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

cord may be established between them upon so firm a The colo- 
basis, as to perpetuate its blessings, uninterrupted by " * ™~ 
any future dissensions, to succeeding generations in Phiiadei- 

... phia, May 

both countries ; and to transmit your majesty s name io, 1775. 
to posterity, adorned with that signal and lasting glory 
that has attended the memory of those illustrious per- ^ e e tl ^ n t0 
sonages, whose virtues and abilities have extricated adopted 
states from dangerous convulsions, and, by securing uy 
happiness to others, have erected the most noble and 
durable monuments to their own fame. 

"We beg leave further to assure your majesty, that Reassuran- 
notwithstanding the sufferings of your loyal colonists g^nce . e " 
during the course of this present controversy, our 
breasts retain too tender a regard for the kingdom 
from which we derive our origin, to request such a 
reconciliation as might in any manner be inconsistent 
with her dignity or her welfare. These, related as we 
are to her, honor and duty, as well as inclination, 
induce us to support and advance ; and the apprehen- 
sions that now oppress our hearts with unspeakable 
grief being once removed, your majesty will find your 
faithful subjects on this continent ready and willing at 
all times, as they have ever been, with their lives and 
fortunes, to assert and maintain the rights and inter- 
ests of your majesty, and of our mother country. We 
therefore beseech your majesty, that your royal author- ^ ra ? . for , 
ity and influence may be graciously interposed to pro- interfere 
cure us relief from our afflicting fears and jealousies, ence * 
occasioned by the system before mentioned, and to 
settle peace through every part of your dominions ; 
with all humility submitting to your majesty's wise 
consideration, whether it may not be expedient for 
facilitating those important purposes, that your majesty 
be pleased to direct some mode by which the united 
applications of your faithful colonists to the throne, in 
pursuance of their common councils, may be improved 
into a happy and permanent reconciliation ; and that, 
in the mean time, measures may be taken for prevent- 



576 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- ing the further destruction of the lives of your majes- 
cress at" ty' s su ^J ects > an ^ * na * sucn statutes as more immedi- 
PhSadel- ately distress any of your majesty's colonies may be 
loms/ repealed. For by such arrangements as your majesty's . 
wisdom can form for collecting the united sense of 
your American people, we are convinced your majesty 
would receive such satisfactory proofs of the disposi- 
tion of the colonists toward their sovereign and parent 
state, that the wished for opportunity would soon be 
restored to them, of evincing the sincerity of their 
professions, by every testimony of devotion becoming 
the most dutiful subjects and the most affectionate col- 
onists. 
Conclusion "That your majesty may enjoy a long and pros- 
tition e to°" P erous reign, and that your descendants may govern 
the king, your dominions with honor to themselves and happi- 
ness to their subjects, is our sincere prayer." 



The address to the inhabitants of Great Britain was 
read before the congress on the same day, debated by 
paragraphs, and approved, as follows, viz. : 

* Georgia " THE TWELVE UNITED COLONIES,* BY THEIR DELEGATES 
se°nted Pie ' IN CONGRESS, TO THE INHABITANTS OF GREAT BRITAIN: 

Address to "Friends, Countrymen, and Brethren! By these, 
Hants f an( ^ ky every other appellation that may designate the 
Great Brit- ties which bind us to each other, we entreat your 
ed n juiysui" ser i° us attention to this our second attempt to prevent 
their dissolution. Remembrance of former friendships, 
pride in the glorious achievements of our common 
General in- ancestors, and affection for the heirs of their virtues, 
appeal! ' T nave hitherto preserved our mutual connection ; but 
when that friendship is violated by the grossest inju- 
ries ; when the pride of ancestry becomes our reproach, 
and we arc no otherwise allied than as tyrants and 
slaves ; when reduced to the melancholy alternative 
of renouncing your favor or our freedom, can we hesi- 
tate about the choice ? Let the spirit of Britons de- 
termine. 



THE UNITED STATES OF AMERICA. 577 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

"In a former address* we asserted our rights, and The colo- 
stated the injuries we had then received. We hoped ® ^" 
that the mention of our wrongs would have roused Philadel- 
that honest indignation which has slept too long for 10, 1775. 
your honor, or the welfare of the Empire. But we^ dd . ress t? 
have not been permitted to entertain this pleasing ex- tants of 
pectation. Every day brought an accumulation of a i n ea a( }opt- 
injuries, and the invention of the ministry has been ed July 
constantly exercised, in adding to the calamities of * B ' th 
your American brethren. congress 

-of 1774 

"After the most valuable right of legislation was 
infringed; when the powers assumed by your parlia- 
ment, in which we are not represented, and from our 
local and other circumstances cannot properly be rep- 
resented, rendered our property precarious ; after being 
denied that mode of trial to which we have long been m , . 

ii Their op- 

mdebted for the safety of our persons, and the preser- pressions 
vation of our liberties ; after being, in many instances, bearaiTe 
divested of those laws which were transmitted to us by 
our common ancestors, and subjected to an arbitrary 
code, compiled under the auspices of Roman tyrants; 
after those charters which encouraged our predecessors 
to brave death and danger in every shape, on unknown 
seas, in deserts unexplored, amidst barbarous and inhos- 
pitable nations, were annulled; when, without the form 
of trial, without a public accusation, whole colonies 
were condemned, their trade destroyed, their inhabit- 
ants impoverished ; when soldiers were encouraged to 
imbrue their hands in the blood of Americans, by offers 
of impunity ; when new modes of trial were instituted 
for the ruin of the accused, where the charge carried 
with it the horrors of conviction; when a despotic 
government was established in a neighbouring province,! t Canada, 
and its limits extended to every of our frontiers; we 
little imagined that anything could be added to this 
black catalogue of unprovoked injuries: But we have 
unhappily been deceived, and the late measures of the 
37 



578 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



The colo- British ministry fully convince us that their object is 
gress at the reduction of these colonies to slavery and ruin. 
Phiiadd- ufo confirm this assertion, let us recall your atten- 

phia, May . ' J 

10, ill 5. tion to the affairs of America since our last address, 
the inhabi° ^ e t us comDa t the calumnies of our enemies, and let 
tants of us warn you of the dangers that threaten you in our 
ain,' adopt- destruction. Many of your fellow-subjects, whose situ- 
8tL July a ti° n deprived them of other support, drew their main- 
Designs of tenance from the sea ; but the deprivation of our liberty 
ministry, being insufficient to satisfy the resentment of our ene- 
since the mies, the horrors of famine were superadded, and a 
dressT ad " -^ n '^ 4 parliament, who, in better times, were the pro- 
Depriva- tectors of innocence and the patrons of humanity, have, 
tion of the w jthout distinction of age or sex, robbed thousands of 

fashenes. c ' 

the food which they were accustomed to draw from that 
inexhaustible source, placed in their neighbourhood by 
the benevolent Creator. 
Restraints " Another act of your legislature shuts our ports, and 
upon trade. p ro hibits our trade with any but those states from whom 
the great law of self-preservation renders it absolutely 
necessary that we should at present withhold our com- 
merce. But this act (whatever may have been its de- 
sign) we consider rather as injurious to your opulence 
than our interest. All our commerce terminates with 
you, and the wealth we procure for other nations, is 
soon exchanged for your superfluities. Our remittances 
must then cease with our trade, and our refinements 
with our affluence. We trust, however, that laws which 
deprive us of every blessing, but a soil that teems with 
the necessaries of life and that liberty which renders 
the enjoyment of them secure, will not relax our vigor 
in their defence. ■ 

"We might here observe on the cruelty and incon- 
sistency of those, who, while they publicly brand us 
with reproachful and unworthy epithets, endeavor to 
deprive us of the means of defence, by their interposi- 
tion with foreign powers, and to deliver us to the law- 
less ravages of a merciless soldiery. But happily wo 



Cessation 
of com- 
merce. 



Military 
oppres- 
sions. 



THE UNITED STATES OP AMERICA. 579 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

are not without resources, and though the timid and The colo- 
humiliating applications of a British ministry should greS8 at " 
prevail with foreign nations, yet industry, prompted by 1> , h . llu< ^ 1 " 
necessity, will not leave us without the necessary sup- 10, 1775. 

i- Address to 

P lies> the inhabi- 

" We could wish to go no further, and, not to wound tants of 
the ear of humanity, leave untold those rigorous acts aill) a dopt- 
of oppression, which are daily exercised in the town of ed Jui 7 
Boston, did we not hope, that by disclaiming their deeds 
and punishing the perpetrators, you would shortly vin- 
dicate the honor of the British name, and re-establish 
the violated laws of justice. 

"That once populous, nourishing and commercial 
town, is now garrisoned by an army sent not to protect, 
but to enslave its inhabitants. The civil government is 
overturned, and a military despotism erected upon its 
ruins. Without law, without right, powers are assumed Oppres- 
unknown to the constitution. Private property is un- B°J t s J[J 
justly invaded. The inhabitants, daily subjected to the 
licentiousness of the soldiery, are forbid to remove in 
defiance of their natural rights, in violation of the most 
solemn compacts. Or if, after long and wearisome soli- Condition 
citation, a pass is procured, their effects are detained, ^ Mass * 
and even those who are most favored, have no alterna- 
tive but poverty or slavery. The distress of many 
thousand people, wantonly deprived of the necessaries 
of life, is a subject on which we would not wish to 
enlarge. 

" Yet we cannot but observe, that a British fleet (un- Aggres- 
justified even by acts of your legislature) are daily B^jf 1 * 18 
employed in ruining our commerce, seizing our ships, fleet, 
and depriving whole communities of their daily bread. 
Nor will a regard for your honor permit us to be silent, 
while British troops sully your glory, by actions which 
the most inveterate enmity will not palliate among civ- Destruc- 
ilized nations, the wanton and unnecessary destruction fjjj n j? £ 
of Charlestown, a large, ancient, and once populous town. 



580 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- town, just before deserted by its inhabitants, who had 

gress at A^ to avoid the fury of your soldiery. 

Phiiadei- « jf you still retain those sentiments of compassion 

phiti May 

10, 1775. ' by which Britons have ever been distinguished, if the 
4 dd ^^? humanity which tempered the valor of our common 
tants of ancestors has not degenerated into cruelty, you will 
&\n, adopt-* lament the miseries of their descendants, 
ed July "To what are we to attribute this treatment? If to 

8th 

any secret principle of the constitution, let it be men- 
No cause tioned. Let us learn that the government we have long 
treatment reyere( l, * s n °t without its defects, and that while it 
gives freedom to a part, it necessarily enslaves the 
remainder of the empire. If such a principle exists, 
why for ages has it ceased to operate? Why at this 
time is it called into action ? Can no reason be assigned 
for this conduct? Or must it be resolved into the wan- 
ton exercise of arbitrary power ? And shall the descend- 
Further ants of Britons tamely submit to this ? No, sirs ! We 
hnpossfwe neyer W 'M- While we revere the memory of our gal- 
lant and virtuous ancestors, we never can surrender 
those glorious privileges for which they fought, bled, 
and conquered. Admit that your fleets could destroy 
our towns, and ravage our sea-coasts ; these are incon- 
siderable objects, things of no moment, to men whose 
bosoms glow with the ardour of liberty. We can retire 
beyond the reach of your navy, and, without any sen- 
sible diminution of the necessaries of life, enjoy a lux- 
ury, which from that period you will want — the luxury 
of being free. 

"We know the force of your arms, and was it called 
forth in the cause of justice and your country, we might 
Appeal to dread the exertion; but will Britons fight under the 
them as banners of tyranny ? Will they counteract the labours, 
and disgrace the victories of their ancestors? Will 
they forge chains for their posterity ? If they descend 
to this unworthy task, will their swords retain their 
edge, their arms their accustomed vigor? Britons can 
never become the instruments of oppression till they 



THE UNITED STATES OP AMERICA. 581 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

lose the spirit of freedom, by which alone they are The coio- 

•l i nial con- 

invincible. - gress at 

" Our enemies charge us with sedition. In what does Phiiadei- 

. „ . , phia, May 

it consist r In our retusal to submit to unwarrantable io, 1775. 
acts of injustice and cruelty? If so, shew us a period Address to 
in your history, in which you have not been equally tants of 
seditious. Great Brit - 

am, adopt- 

" We are accused of aiming at independence, butedJuiysth. 
how is this accusation supported ? By the allegations The cnar ge 

i> • • . i_ • 1 , , . , of sedition. 

01 your ministers, not by our actions. Abused, insult- 
ed, and contemned — what steps have we pursued to^ ti ^™ ins 
obtain redress. We have carried our dutiful petitions pendence. 
to the throne: We have applied to your justice for 
relief: We have retrenched our luxury and withheld 
our trade: The advantages of our commerce were 
designed as a compensation for your protection : When 
you ceased to protect, for what were we to compensate ? 

" What has been the success of our endeavors ? The Treatment 
clemency of our sovereign is, unhappily, diverted : Our petitions, 
petitions are treated with indignity, our prayers an- 
swered by insults : Our application to you remains un- 
noticed, and leaves us the melancholy apprehension of 
your wanting either the will or the power to assist us. 
Even under these circumstances, what measures have 
we taken that betray a desire for independence ? Have Have 
we called in the aid of those foreign powers who are sh ° wn no 

» desire for 

the rivals of your grandeur ? When your troops were independ- 
few and defenceless, did Ave take advantage of their ence ' 
distress and expel them our towns ? Or have we per- 
mitted them to fortify, to receive new aid, and to 
acquire additional strength ? Let not your enemies 
and ours persuade you that in this we were influenced 
by fear, or any unworthy motive. The lives of Britons Attach- 
are still dear to us. They are the children of our their Eng- 
parents, and an uninterrupted intercourse of mutual |j h breth " 
benefits had knit the bonds of friendship. When hos- The affair 
tilities were commenced, when on a late occasion we at Lexin g- 

' ton and 

were wantonly attacked by your troops, though we Concord. 



582 THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



The colo- repelled their assaults and returned their blows, yet we 
Kress at" lamented the wounds they obliged us to give ; nor have 
Phiiadci- we yet learned to rejoice at a victory over Englishmen. 
10, 1775 "As we wish not to colour our actions, or disguise 
Address to our thoughts, we shall, in the simple language of truth, 

the inhab- ,-, , -, , , 

itants of av ow the measures we have pursued, the motives upon 
Great Brit- which we have acted, and our future designs. 

ain, adopt- ° 

edJuiySth. " When our late petition to the throne produced no 
other effect than fresh injuries, and votes of your legis- 
lature, calculated to justify every severity ; when your 
fleets and your armies were prepared to wrest from us 
our property, to rob us of our liberties, or our lives ; 
Past, pres- when the hostile attempts of General Gage evinced his 
proposed designs ; we levied armies for our security and defence, 
future con- \Y} ien fl ie powers vested in the governor of Canada 
gave us reason to apprehend danger in that quarter, 
and we had frequent intimations that a cruel and sav- 
age enemy was to be let loose upon the defenceless 
inhabitants of our frontiers, we took such measures as 
prudence dictated, as necessity will justify. "We pos- 
Their ob- sessed ourselves of Crown Point and Ticonderoga. Yet 
ject recon- give us leave most solemnly to assure you, that we have 

cihation. b , . , ».,,■,. , -, -, ■ 

not yet lost sight of the object we have ever had in 
view — a reconciliation with you on constitutional prin- 
ciples, and a restoration of that friendly intercourse, 
which, to the advantage of both, we till lately main- 
tained. 
Commer- "The inhabitants of. this country apply themselves 
tions^with chiefly to agriculture and commerce. As their fashions 
England. an( j manners are similar to yours, your markets must 
afford them the conveniences and luxuries for which 
they exchange the produce of their labours. The 
wealth of this extended continent centres with you ; 
and our trade is so regulated as to be subservient only 
to your interest. You are too reasonable to expect, 
that by taxes (in addition to this) we should contrib- 
ute to your expense ; to believe, after diverting the 
fountain, that the streams can flow with unabated force. 



THE UNITED STATES OP AMERICA. 583 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

"It has been said that we refuse to submit to the re- The con- 
strictions on our commerce. From whence is this infer- "Jjjj °*' 
ence drawn ? Not from our words, we have repeat- PWiadei- 

- pliia, May 

edly declared the contrary, and we again profess our i 0) 1775. 
submission to the several acts of trade and navigation, Address to 
passed before the year 1763 ; trusting, nevertheless, in - lt ^ a f " 
the equity and justice of parliament, that such of them Great Brit- 
as, upon cool and impartial consideration, shall appear edJuiySth. 
to have imposed unnecessary or grievous restrictions, Restric- 
will, at some happier period, be repealed or altered, commerce. 
And we cheerfully consent to the operation of such 
acts of the British parliament as shall be restrained to 
the regulation of our external commerce, for the pur- 
pose of securing the commercial advantages of the 
whole empire to the mother country, and the commer- 
cial benefit of its respective members ; excluding every 
idea of taxation, internal or external, for raising a rev- 
enue on the subjects in America without their consent. 

"It is alledged that ive contribute nothing to the com- Contribu- 
mon defence. To this we answer, that the advantages t h° e ns , om r _ 
which Great Britain receives from the monopoly of our mon de- 

fence 

trade far exceed our proportion of the expense neces- 
sary for that purpose. But should these disadvantages 
be inadequate thereto, let the restrictions on our trade 
be removed, and we will cheerfully contribute such 
proportion when constitutionally required. 

"It is a fundamental principle of the British constitu- Right of 
tion, that every man should have at least a representa-^?^ 8611 * 
tive share in the formation of those laws by which he 
is bound. Were it otherwise, the regulation of our 
internal police by a British parliament, who are and 
ever will be unacquainted with our local circum- 
stances, must be always inconvenient, and frequently 
oppressive, working our wrong without yielding any 

possible advantage to you. 

1 i • T,ie P r0 * 

"A plan of accommodation, (as it has been absurdly posed 

called) has been proposed by your ministers, to our ^ommo- 
respective assemblies. Were this proposal free frorn dation." 



584 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- every other objection but that which arises from the 
eressat" ^ me °^ tne on ° er ? ^ would not be unexceptionable. 
Phiiadei- Can men deliberate with the bayonet at their breasts ? 
10, 1775. Can they treat with freedom when their towns are 
Address to sacked ? When daily instances of injustice and oppres- 
itants of s i° n disturb the slower operations of reason ? 
Great Bnt- a jf ^g p ro p sal is really such as you would offer 

am, adopt- * x J J 

edJuly8th. and we accept, why was it delayed till the nation was 
put to useless expense, and we were reduced to our 
present melancholy situation ? If it holds forth nothing, 
why was it proposed ? Unless indeed to deceive you 
The pro- into a belief that we were unwilling to listen to any 
" plan of terms of accommodation. But what is submitted to 
accommo- 01ir consideration ? We contend for the disposal of 
our property : We are told that our demand is unrea- 
sonable, that our assemblies may indeed collect our 
money, but that they must at the same time offer, not 
what your exigencies or ours may require, but so much 
as shall be deemed sufficient to satisfy the desires of a 
minister, and enable him to provide for favorites and 
dependents. A recurrence to your own treasury will 
convince you how little of the money already extorted 
from us, has been applied to the relief of your bur- 
dens. To suppose that we would thus grasp the 
shadow and give up the substance, is adding insult to 
injuries. 
Desire for " We have, nevertheless, again presented an humble 
tion. an d dutiful petition to our sovereign, and to remove 

every imputation of obstinacy, have requested his 
majesty to direct some mode by which the united appli- 
cation of his faithful colonists may be improved into 
happy and permanent reconciliation. We are willing 
to treat on such terms as can alone render an accom- 
modation lasting, and we flatter ourselves that our pa- 
cific endeavors will be attended with a removal of min- 
isterial troops, and a repeal of those laws, of the opera- 
tion of which we complain, on the one part, and a dis- 
banding of our army and a dissolution of our commer- 
cial associations, on the other. 



THE UNITED STATES OP AMERICA. 585 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

u Yet conclude not from this that we propose to sur- The Colo- 
render our property into the hands of your ministry, "|.g SS c °"" 
or vest your parliament with a power which may tcr- Phiiadel- 

i • mi i i /• pliia, May 

minate in our destruction. JLhe great bulwarks ol ouri^ 1775. 
constitution we have desired to maintain by every tern- Address to 
perate and peaceable means : But your ministers, i tants f 
(equal foes of British and American freedom) have Great Brit- 

v x y am, adopt- 

addedto their former oppressions an attempt to reduce edJulybtli. 

us by the sword to a base and abject submission. On 

the sword, therefore, we are compelled to rely for pro- Appeal to 

tection. Should victory declare in your favor, yet men 

trained to arms from their infancy, and animated by 

the love of liberty, will afford neither a cheap nor easy 

conquest. Of this at least we are assured, that our 

struggle will be glorious, our success certain, since 

even in death we shall find that freedom which in life 

you forbid us to enjoy. 

" Let us now ask what advantages are to attend our Defeat or 
reduction? The trade of a ruined and desolate coun- C qu™jy dis- 
try is always inconsiderable, its revenue trifling, the astrous t° 

J - J , . j, , ' . . ., . /. * Great Brit- 

expense 01 subjecting and retaining it in subjection ain. 
certain and inevitable. What, then, remains but the 
gratification of an ill-judged pride, or the hope of ren- 
dering us subservient to designs on your liberty. 
Soldiers who have sheathed their swords in the bowels 
of their American brethren, will not draw them with 
more reluctance against you. When too late, you may 
lament the loss of that freedom which we exhort you, 
while still in your power, to preserve. 

"On the other hand, should you prove unsuccessful; 
should that connection, which we most ardently wish 
to maintain, be dissolved ; should your ministers ex- 
haust your treasures and waste the blood of your coun- 
trymen in vain attempts on our liberty ; do they not 
deliver you, weak and defenceless, to your natural 
enemies ? Since, then, your liberty must be the price 
of your victories ; your ruin, of your defeat ; what 
blind fatality can urge you to a pursuit destructive of 
all that Britons hold dear ? 



586 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



"If you have no regard to the connection that has for 
ages subsisted between us ; if you have forgotten the 
wounds we have received fighting by your side for the 



The colo- 
nial con- 
gress at 
Philadel- 

io, 1775. extension of the empire ; if our commerce is not an 
Address to object below your consideration ; if justice and human- 
itants of ity have lost their influence on your hearts ; still mo- 
Great Brit- tives are not wanting to excite your indignation at the 

Hill, <lU(>]>t- 

edJuly 8th. measures now pursued : your wealth, your honor, your 
liberties, are at stake. 

'•'•Notwithstanding the distress to which we are re- 
duced, we sometimes forget our afflictions to anticipate 
and sympathize in yours. We grieve that rash and 
inconsiderate counsels should precipitate the destruc- 
tion of an empire which has been the envy and admi- 
ration of ages ; and call God to witness, that we would 
part with our property, endanger our lives, and sacrifice 
everything but liberty, to redeem you from ruin. 

"A cloud hangs over your head and ours. Ere this 
reaches you, it may probably burst upon us. Let us 
then (before the remembrance of former kindness is 
obliterated) once more repeat those appellations which 
are ever grateful to our ears: Let us entreat Heaven 
to avert our ruin, and the destruction that threatens 
our friends, brethren, and countrymen, on the other side 
of the Atlantic." 



Final ap- 
peal. 



After the adoption of this masterly address, a letter, 
prepared by a committee previously appointed for that 
purpose, to the Lord Mayor, Aldermen, and Livery of 
London, was read, debated, and approved, as follows : 

"My Lord: Permit the delegates of the people of 
twelve ancient colonies, to pay your lordship, and the 
very respectable body of which you are the head, the 
just tribute of gratitude and thanks, for the virtuous 
and unsolicited resentment you have shown to the vio- 

Apprecia- lated rights of a free people. 

tionof "The city of London, my lord, having in all ages 

their sym- J ' J 7 ° 

pathy. approved itself the patron of liberty, and the support 



Letter to 
the Lord 
Mayor of 
London, 
July 8th. 



THE UNITED STATES OP AMERICA. 587 

THE COMMERCIAL SYSTEM OP TAXATION. PART III. 

of just government, against lawless tyranny and op- The com- 
pression, cannot fail to make us deeply sensible of the L eB ^at" 
powerful aid our cause must receive from such advo- Phiiadei- 
cates ; a cause, my lord, worthy the support of the 10, 1775. 
first city in the world, as it involves the fate of a great Letter to 
continent, and threatens to shake the foundations of a Mayor of 
flourishing, and until lately, a happy empire. London 

"North America, my lord, wishes most ardently for 
a lasting connection with Great Britain, on terms of 
just and equal liberty ; less than which, generous 
minds will not offer, nor brave and free ones be willing 
to receive. 

"A cruel war has at length been opened against us, 
and whilst we prepare to defend ourselves like the 
descendants of Britons, we still hope that the media- Hope for 
tion of wise and good citizens will at length prevail [j 5 ™ 11 " 
over despotism, and restore harmony and peace, on 
permanent principles, to an oppressed and divided 
Empire. 

"We have the honor to be, my lord, with great 
esteem, your lordship's faithful friends and fellow- 
subjects. 

" Signed by order of the Congress, * 2 £ m - 

J ° ' Archives, 

"John Hancock, President."* p. 1811. 

These papers were enclosed in a letter to Mr. Rich- 
ard Perm, and the colony agents in England, which 
letter was reported to the congress, read, and approved, 
as follows, viz. : 

" Gentlemen : The perseverance of the British min- Letter to 
istry in their unjust and cruel system of colony admin- a4nte°ii7 
istration, has occasioned the meeting of another con- England, 
gress. We have again appealed to the justice of our 
sovereign for protection against the destruction which 
his ministers meditate for his American subjects. This 
petition to his majesty you will please, gentlemen, to 
present to the king, with all convenient expedition ; 
after which we desire it may be given to the public. 



588 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



The colo- 
nial con- 
gress at 
Philadel- 
phia, May 
10, 1775. 



Letter to 
the colony 
agents in 
England, 
July 8th, 



Order 
thereon. 



*2 Am. 
Archives, 
p. 1878. 

Other 
addresses. 



We likewise send you our second application to the 
equity and interest of our fellow-subjects in Great 
Britain, and also a declaration setting forth the causes 
of our taking up arms, both which we wish may be 
immediately put to press, and communicated as uni- 
versally as possible. 

"The congress entertain the highest sense of the 
wise and worthy interposition of the Lord Mayor and 
Livery of London in favor of injured America. They 
have expressed this their sense, in a letter to his lord- 
ship and the livery, which we desire may be presented 
in the manner most agreeable to that respectable body. 

"You will oblige us, gentlemen, by giving the most 
early information to the congress, and to the speakers 
of our respective assemblies, of your proceeding in this 
business ; and such further intelligence as you may 
judge to be of importance to America in this great 
contest. 

"We are, with great regard, gentlemen, your most 
obedient and very humble servants." 

Whereupon it was " Ordered, that the above be 
fairly transcribed, to be signed by the president, and 
then by him sent under cover, with the petition to the 
king, and address to the inhabitants of Great Britain, 
and the letter to the Lord Mayor of London, to Richard 
Penn, Esq. : And that the president request Mr. Penn, 
in behalf of the Congress, to join with the Colony 
Agents in presenting the petition to the king." * 

Addresses were also adopted to the assembly of 
Jamaica, and the people of Ireland. Each of these 
contains an enumeration of the grievances and oppres- 
sions set forth in the other papers, but they are not so 
essentially variant in other respects as to render their 
introduction important in this connection. Yet I can- 
not omit transcribing the closing part of the latter doc- 
ument. The inhabitants of this country have always 
felt a great deal of sympathy for that interesting but 
unfortunate people, and will read with attentive con- 



THE UNITED STATES OF AMERICA. 589 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

sideration the sentiments expressed towards them by The coio- 
the fathers of our revolution. The conclusion of the gj. es ^ ° "" 
address is, in other aspects of it, important. It was in i'hiiadel- 

' r k phia, May 

these words, viz. : 10, 1775. 

" Accept our most grateful acknowledgments for To the 

the friendly disposition you have always shown towards P eo P le of 
us. We know that you are not without your grievan- 
ces. We sympathize with you in your distress, and 
are pleased to find that the design of subjugating us 
has persuaded administration to dispense to Ireland 
some vagrant rays of ministerial sunshine. Even the 
tender mercies of government have long been cruel 
towards you. In the rich pastures of Ireland, many 
hungry parasites have fed, and grown strong to labour 
in its destruction. We hope the patient abiding of the 
meek may not always be forgotten : And God grant 
that the iniquitous scheme of extirpating liberty from 
the British Empire, may be soon defeated. But we 
should be wanting to ourselves ; we should be perfid- 
ious to posterity ; we should be unworthy that ancestry 
from which we derive our descent, should we submit, 
with folded arms, to military butchery and depredation, 
to gratify the lordly ambition, or sate the avarice of a 
British minister. In defence of our persons and prop- R easong 
erties under actual violation, we have taken up arms : for taking 
When that violence shall be removed, and hostilities 
cease on the part of the aggressors,' they shall cease on 
our part also. For the achievement of this happy 
event, we confide in the good offices of our fellow- 
subjects beyond the Atlantic. Of their friendly dispo- 
sition we do not yet despond, aware, as they must be, 
that they have nothing more to expect from the same 
common enemy, than the humble favor of being last 
devoured" 



On Friday, the twenty-first day of July, the congress 
having resolved itself into a committee of the whole, 
to take into consideration the state of America, Doctor 



590 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- Benjamin Franklin submitted to their consideration the 
gress at following sketch of articles for a confederation between 
Phiiadei- the colonies, viz. : 

phia, May 

10, 1775. "Articles of Confederation and Perpetual union, pro- 
acofoniai P P ose d 01 J the delegates of the several colonies of New 
confedera- Hampshire, Sre., in general congress, met at Philadel- 
Sttedby pM&t Ma V 10*A, 1775/ 

fn JuT nk " " -^ RTICLE *• Tne name of tnis confederacy shall 
2ist. henceforth be The United Colonies of North America. 
Name of "Article II. Tlie said United Colonies hereby sever- 

the confed- .. . n ; - 

eracy. ally enter into a farm league of friendship with each 
Its objects, other, binding on themselves and their posterity, for 
their common defence against their enemies; for the 
security of their liberties and properties, the safety of 
their persons and families ; and their mutual and gen- 
eral welfare. 
Privileges " Article III. That each colony shall enjoy and re- 
spective tain as much as it may think fit, of its own present 
colonies. j awSj customs, rights, privileges, and peculiar jurisdic- 
tion, within its own limits; and may amend its own 
constitution as shall seem best to its own assembly or 
convention. 

General "Article IV. That for the more convenient manage- 
congress. J ° 

ment of their general interests, delegates shall be annu- 
ally elected in each colony, to meet in General Congress, 
at such time and place as shall beagreed on in the next 
preceding congress. Only where particular circum- 
stances do not make a duration necessary, it is under- 
stood to be a rule, that each succeeding congress be 
held in a different colony, till the whole number be 
gone through ; and so in perpetual rotation ; and that 
accordingly the next congress after the present, shall 
be held at Annapolis, in Maryland. 
Its powers "Article V. TJiat the power and duty of the con- 

and duties. . , . . -, 

gress shall extend to the determining on war and peace ; 

the sending and receiving ambassadors, and entering 

into alliances, (the reconciliation with Great Britain) 

the settling all disputes and differences between colony 



THE UNITED STATES OF AMERICA. . 591 

#> 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

and colony, about limits or any other cause, if such The colo- 
shonld arise ; and the planting of new colonies when gress at 
proper. The congress shall also make such general Phiiadel- 

in? P nia ' -M- a y 

ordinances as, though necessary to the general welfare, 10, 1775. 
particular assemblies cannot be competent to, viz.: — foufcdeT*- 
those that may relate to our general commerce, or gen-tionsub- 
eral currency ; the establishment of posts ; and the D ". Frank- 
regulation of our common forces. The congress shall lin , July 

21st. 

also have the appointment of all general officers, civil 
and military, appertaining to the general confederacy, 
such as general treasurer, secretary, &c. 

"Article VI. All charges of wars, and all other General 
general expenses to be incurred for the common wel- c arges " 
fare, shall be defrayed out of a common treasury, which 
is to be supplied by each colony in proportion to its 
number of male polls between sixteen and sixty years. 
of age. The taxes for paying that proportion are to be 
laid and levied by the laws of each colony. 

" Article VII. The number of delegates to be elected Delegation 
and sent to congress by each colony, shall be regula- J^ 11 " 
ted, from time to time, by the number of such polls 
returned ; so as that one delegate be allowed for every 
five thousand polls. And the delegates are to bring 
with them to every congress an authenticated return 
of the number of polls in the respective provinces, 
which is to be taken triennially, for the purposes above 
mentioned. 

" Article VIII. At every meeting of the congress, Quorum 
one-half of the members returned, exclusive of proxies, vote * 
shall be necessary to make a quorum; and each dele- 
gate at the congress shall have a vote in all cases ; and 
if necessarily absent, shall be allowed to appoint any 
other delegate from the same colony to be his proxy, 
who may vote for him. 

"Article IX. An executive council shall be appoint- Executive 
ed by the congress out of their own body, consisting of coimcil > 

J & J ' ° powers and 

twelve persons; of whom, in the first appointment, one- duties. 
third, viz. : — four shall be for one year, four for two 



592 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND C4.CSES OF THE REVOLUTION. 



The colo- years, and four for three years; and as the said terms 
press at expire, the vacancies shall be filled by appointments for 
P W' k Mk" three y ears ; whereby one-third of the members will 
10, ills, be changed annually. This council, of whom two- 
confedera- f tlnr ds shall be a quorum, in the recess of congress, is 
tionsub- to execute what shall have been enioined thereby: to 

mitted by _ . , • , ' - , . 

Dr. Frank- manage the general continental business and interests; 

21st July to rece ^ ve applications from foreign countries; to pre- 
pare matters for the consideration of the congress ; to 
fill up, pro tempore, continental offices that fall vacant; 
and to draw on the general treasurer for such monies 
as may be necessary for general services, and appropri- 
ated by the congress to such services. 

"Article X. No colon?/ shall engage in offensive 
war with any nation of Indians without the consent of 
the congress, or grand council above mentioned, who 
are first to consider the justice and necessity of such 
war. 

"Article XI. A perpetual alliance, offensive and 
defensive, is to be entered into as soon as may be with 
the Six Nations; their limits to be ascertained and 
secured to them; their land not to be encroached on, 
nor any private or colony purchases made of them here- 
after to be held good ; nor any contract for lands to be 
made, but between the great council of the Indians at 
Onondaga, and the general congress. The boundaries 
and lands of all the other Indians shall also be ascer- 
tained and secured to them in the same manner, and 
persons appointed to reside among them in proper dis- 
tricts, and shall take care to prevent injustice in the 
trade with them ; and be enabled at our general expense, 
by occasional small supplies, to relieve their personal 
wants and. distress. And all purchases from them shall 
be by the congress, for the general advantage and bene- 
fit of the United Colonies. 

"Article XII. As all new institutions may have 
imperfections, which only time and experience can dis- 
cover, it is agreed that the general congress, from time 



Offensive 
war. 



Relations 
with the 
Indians. 



How 

amended. 



THE UNITED STATES OF AMERICA. 593 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

to time, shall propose such amendments of this consti- The colo- 
tution as may be found necessary; "which being ap- gressat * 
proved by a majority of the colony assemblies, shall be Phiiadel- 
equally binding with the rest of the articles of this con- io, 17*75. 
federation. 

"Article XIII. Any and every colony from Great 
Britain upon the continent of North America, not at 
present engaged in our association, may, upon applica- Admission 
tion and joining the said association, be received into of other 
the confederation, viz.: — Ireland, the "West India Islands, 
Quebec, St. Johns, Nova-Scotia, Bermudas, and East 
and West Florida, and shall thereupon be entitled to all 
the advantages of our union, mutual assistance, and 
commerce." 

Upon the submission of these articles it was 
"Ordered, that they be proposed to the several pro- Order 
vincial assemblies or conventions to be by them consid- ieieu P on - 
cred ; and if approved, they are advised to empower 
their delegates to agree to and ratify the same in the 
ensuing congress. After which the union thereby 
established is to continue firm, till the terms of recon- 
ciliation proposed in the petition of the last congress to 
the king are agreed to ; till the acts since made, restrain- 
ing the American commerce and fisheries, are repealed; 
till reparation is made for the injury done to Boston, 
by shutting up its port; for the burning of Charles 
Town; and for the expense of this unjust war; and till ™g l0n 
all the British troops are withdrawn from America, union un- 

dor these 

On the arrival of these events the colonies will return articles. 

to their former connection and friendship with Britain ; 

but on failure thereof, this Confederation is to be per- * 2 - Am - 

Archives, 

petual. * p . 1889. 



The compact of Union embraced in and contem- The pro- 
plated by the foregoing articles, is exceedingly inter- nf^o™ 
esting and important as evinsive of the plan of empire federation, 
which foreshadowed itself to the thoughts of our re vo-and extent. 
lutionary ancestors. In its comprehensive provisions 
38 



594 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes ok the revolution. 

The colo- and aims it seems not unlike the prophetic historical 
m r al c °"* records of the ancient people of God, having direct refer- 
Phiiadei- once to a more immediate and pressing necessity, while 
io" a i775. y y c ^ it anticipates and provides for the development of 
a magnificent dominion to be possibly unfolded in the 
future. The fact that in the extension of our national 
domain and jurisdiction at the present day, we are but 
now approaching a period in our governmental annals 
which seems to promise the fulfillment of a project 
suggested, nay all but compelled, and yet not deliber- 
ately premeditated cither in desire or design, by our 
forefathers, must present itself with singular and thrill- 
ing interest to the pride, the patriotism, and the hope, 
of every reflecting citizen of the United States of Amer- 
ica. Surely we need not fear that the foundations 
which they have so wisely and so carefully laid, are 
insufficient to sustain even so vast a fabric as then rose 
before their enthusiastic vision. 
The pro- Look at the magnificent plan and suppose for one 
fedcracy. moment its achievement to have been consummated in 
the days of the Revolution ! The whole North Ameri- 
can continent and the islands adjacent, comprehended 
in one great confederacy ! No such powerful combina- 
tion of people or of states could have been found else- 
where, or in any age, in the world's history. Do we 
mistake the decrees of the Almighty Ruler of the 
universe in supposing it may yet be our destiny as a 
nation ? 



The plan of On the thirty-first day of July, the congress, in com- 
dation pro- mittec of the whole, took into consideration the report 
posed by f ^ 1C committee on the resolve of the house of com- 

parha- 

ment. mons, called a plan of accommodation, and the same, 
being debated by paragraphs, was agreed to as fol- 
lows, viz. : 
Report up- " The several assemblies of New Jersey, Pennsylva- 
on ' u y ' nia, and Virginia, having referred to the congress a 



THE UNITED STATES OF AMERICA. 595 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

resolution of the House of Commons of Great Britain, The coio- 
which resolution is in these words, viz. : greas at" 

" Lun», 20° Die Feb. 1775. PhUadel- 
. " The house in a committee on the American papers. i 0> 1775. 
Motion made, and question proposed : 

" That it is the opinion of this committee, that when 
the general council and assembly, or general court of 
any of his majesty's provinces or colonies in America, 
shall propose to make provision, according to the con- 
dition, circumstance, or situation of such province or 
colony, for contributing their proportion to the com- 
mon defence ; such proportion to be raised under the 
authority of the general court, or general assembly of 
such province or colony, and disposable by parliament ; The res0 . 
and shall engage to make provision also for the sup- ll >t io . n of 
port of the civil government, and the administration cited! 
of justice in such province or colony, it will be proper, 
if such proposal shall be approved by his majesty and 
the two houses of parliament ; and for so long as such 
provision shall be made, accordingly to forbear, in 
respect to such province or colony, to lay any duty, tax, 
or assessment, or to impose any further duty, tax, or 
assessment, except only such duties as it may be expe- 
dient to levy or impose, for the regulation of com- 
merce ; the net produce, or the duties last mentioned, 
to be carried to the account of such colony respect- 
ively." 

" The congress took the said resolution into consider a- Opinion of 
Hon and are therefore of opinion, that the colonies of jurist. 
America are entitled to the sole and exclusive privilege 
of giving and granting their own money : That this 
involves a right of deliberating whether they will make Right of 
any gift, for what purpose it shall be made, and what taxatl0n ' 
shall be its amount : And that it is a high breach of 
this privilege for any body of men, extraneous to their 
constitutions, to prescribe the purposes for which money 
shall be levied upon them, to take to themselves the Right °? 

. /» • i • appropna- 

_ authority of judging of their conditions, circumstances, tion. 



596 THE GOVERNMENTAL HISTORY OP 

PAKT III. ORIGIN AND CAUSES OP THE REVOLUTION. 

The eolo- and situations, and of determining the amount of the 

'—Z' contribution to be levied. 

Philadel- « That as the colonies possess a right of appropri- 

y>hiti Mnv , iii 

10, 1775. ating their gifts, so are they entitled at all times to 
inquire into their application, to see that they be not 
wasted among the venal and corrupt for the purpose of 
undermining the civil rights of the givers, nor yet be 

Opinion on diverted to the support of standing armies, inconsist- 

mentary cnt with their freedom and subversive to their quiet. 

"plan of To propose, therefore, as this resolution does, that the 

accommo- . . 

dation." monies given by the colonies shall be subject to the dis- 
posal of parliament alone, is to propose that they shall 
relinquish this right of inquiry, and put it in the power 
of others to render their gifts ruinous, in proportion as 
they are liberal. 

Import- « That this privilege of giving or withholding our 

ance of ... . . 

these monies, is an important barrier against the undue exer- 
ngbts. ^ on f prerogative, which, if left altogether without 
control may be exercised to our great oppression ; and 
all history shows how efficacious is its intercessions for 
redress of grievances and re-establishment of rights, 
and how improvident it would be to part with so pow- 
erful a mediator. 
Character " We are of opinion that the proposition contained in 
position 10 " this resolution is unreasonable and insidious: Unrea- 
made by sonable, because, if we declare we accede to it, we 
ment. declare without reservation we will purchase the favor 
of parliament, not knowing at the same time at what 
price they will please to estimate their favor. It is 
assidious, because, individual colonies having bid and 
bidden again, till they find the avidity of the seller too 
great for all their powers to satisfy, are then to return 
into opposition, divided from their sister colonies whom 
the minister will have previously detached by a grant 
of easier terms, or by an artful procrastination of a 
Proposed definite answer. 

o'fTixa- 011 " That the suspension of the exercise of their pre- 
tion. tended power of. taxation, being expressly made com- 



THE UNITED STATES OF AMERICA. 597 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

mensurate with the continuance of our gifts, these The colo- 
must be perpetual to make that so. Whereas, no !!j^°t" 
experience has shown that a gift of perpetual revenue Philadel- 
secures a perpetual return of duty or of kind disposi- io, 1775. 
tion. On the contrary, the parliament itself, wisely Opinion on 
attentive to this observation, is in the established mentaiy*" 
practice of granting its supplies from year to year"P Ianof 

1 00 x r j j aceommo- 

Ollly. elation," 

" Desirous and determined as we are, to consider in July 31st 
the most dispassionate view every seeming advance 
towards a reconciliation made by the British parlia- 
ment, let our brethren of Britain reflect what would Time and 
have been the sacrifice to men of free spirits, had even th^propo- 
fair terms been proffered, as these insidious proposals s:i1 oh J ec - 

. , . „ . , , '' , « tionable. 

were, with circumstances of insult and defiance. A 

proposition to give our money, accompanied witli large 
fleets and armies, seems addressed to our fears rather 
than our freedom. With what patience would Britons 
have received articles of treaty from any power on 
earth, when borne on the point of the bayonet by mili- 
tary plenipotentiaries ? 

" We think the attempt unnecessary ', to raise upon us 
by force or by threats our proportional contributions to 
the common defence, when all know, and themselves 
acknowledge, we have fully contributed whenever 
called upon to do so in the character of freemen. 

"We are of opinion it is not just that the colonies Its injus- 
should be required to oblige themselves to other con- tlce " 
tributions, while Great Britain possesses a monopoly of 
their trade. This of itself lays them under heavy con 
tribution. To demand, therefore, additional aids in 
the form of a tax is to demand the double of their 
equal proportion. If we are to contribute equally with 
the other parts of the empire, let us equally with them 
enjoy free commerce with the whole world. But while 
the restrictions on our trade shut to us the resources 
of wealth, is it just we should bear all other burdens 
equally with those to whom every resource is open ? 



598 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- " We conceive that the British parliament has no right 
nialcon- to intermeddle with our provisions for the support of 

gress at f L l 

Phiiadei- civil government, or administration of justice. The 
le his! provisions we have made are such as please ourselves, 
Opinion on and are agreeable to our own circumstances ; they an- 
Hamentary swer tne substantial purposes of government and of 
"plan of justice, and other purposes than these should not be 
dation," answered. We do not mean that our people shall be 
July 3ist. b ur j eiie d with oppressive taxes, to provide sinecures 
ence of f° r the idle or ^ ie wicked under color of providing for 
parliament a civil list. While parliament pursue their plan of 

unwarraut- . ..... ..... 

able. civil government within their own jurisdiction, we also 

hope to pursue ours without molestation. 

" We are of opinion the proportion is altogether un- 
satisfactory, because it imports only a suspension of the 
mode, not a renunciation of the pretended right to tax 
us. Because, too, it does not propose to repeal the 
several acts of parliament passed for the purposes of re- 
straining the trade, and altering the form of government 
of one of our colonies ; extending the boundaries and 
changing the government of Quebec ; enlarging the juris- 
The propo- diction of courts of admiralty and vice-admiralty ; taking 
Serein from us thc right'of trial by a jury of the vicinage, in 
unsatisfac- cases affecting both life and property ; transporting us 
t0ry ' into other countries to be tried for criminal offences. 
Exempting, by mock trial, the murderers of colonists 
from punishment ; and quartering soldiers upon us in 
times of profound peace. Nor do they renounce the 
power of suspending our own legislatures, and for 
legislating for us themselves in all cases whatsoever. 
Proofs of On the contrary, to show they mean no discontinuance 
of injury, they pass acts, at the very time of holding 
out this proposition, for restraining the commerce and 
fisheries of the provinces of New England, and for 
interdicting the trade of other colonies with all foreign 
nations and with each other. This proves unequivo- 
cally, they mean not to relinquish the exercise of indis- 
criminate legislation over us. 



hostile de 
signs 



THE UNITED STATES OP AMEEICA. 599 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

" Upon the whole, this proposition seems to have been The coio- 
held up to the world to deceive it into a belief that JJJj^J 
there was nothing in dispute between us but the mode Phiiadei- 
of levying taxes ; and that the parliament having now 10) 1775 
been so good as to give up this, the colonies are un- 
reasonable if not perfectly satisfied : Whereas, in truth, Opinion on 
our adversaries still claim a right of demanding ad lib- ni entary a " 
it ion, and of taxing us themselves to the full amount " P lan ° f 
of their demand, if we do comply with it. This leaves dation," 
us without anything we can call property. But what Jul y 31st - 
is of more importance, and what in this proposal they 
keep out of sight, as if no such point was in contest 
between us, they claim a right to alter our charters 
and establish laws, and leave us without any security 
for our lives or liberties. The proposition seems also General 
to have been calculated more particularly to lull into view0 ^ the 

1 J t proposi-, 

fatal security our well-affected fellow-subjects on the tion. 
other side of the water, till time should be given for 
the operation of those arms which a British minister 
pronounced would instantaneously reduce the ' cow- 
ardly ' sons of America to unreserved submission. 

"But when the world reflects how inadequate to jus- General 
tice are these vaunted terms ; when it attends to the sentiment 

. of mankind 

rapid and bold succession of injuries, which, during upon it. 
the course of eleven years, have been aimed at these 
colonies ; when it reviews the pacific and respectful 
expostulations, which, during that whole time, were 
the sole arms we opposed to them ; when it observes 
that our complaints were either not heard at all, or 
were answered with new and accumulated injuries ; 
when it recollects that the minister himself, on an 
early occasion, declared 'that he would never treat 
with America, till he had brought her to his feet ;' and 
that an avowed partizan of ministry has more lately 
denounced against us the dreadful sentence, delenda 
est Carthago ; that this was done in the presence of a 
British senate, and being unreproved by them, must be 
taken to be their own sentiment, especially as this pur- 



600 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of thk revolution. 

The colo- pose has already in part been carried into execution by 
cress at their treatment of Boston and burning of Charlestown ; 
Philadei- when it considers the great armaments with which 

phia, May Al . . -. , , . 

10, 1775. they have invaded us, and the circumstances of cruelty 
with which they have commenced and prosecuted hos- 
tilities : When these things, we say, are laid together 
and attentively considered, can the world be deceived 
into an opinion that we are unreasonable ; or can it 
hesitate to believe with us, that nothing but our own 
exertions may defeat the ministerial sentence of death 
or abject submission ? " 



After making provision for the support of the army, 
and for reimbursing the several colonies for monies 
expended by them in the continental service ; which 
was principally in the bills of credit issued by the con- 
gress ; they passed the following resolution, and ad- 
journed to the fifth of September then next : 
Construe- " Whereas, at a former congress it was resolved, that 

tion of the jf certain acts of parliament, in the continental asso- 
non-ex- L ' 

portation ciation enumerated and complained of, should not be 
tompac . repeal^ 011 or before the tenth day of September, 
1775, the inhabitants of these united colonies would 
not, directly or indirectly, export any merchandise or 
commodity whatsoever to Great Britain, Ireland, or the 
West Indies ; and as some doubts have arisen with 
respect to the true spirit and construction of said 
resolve, to the end that such doubts may be removed, 

"Resolved, that tinder the prohibition, in the said 
association contained, to export to, or import from, the 
Islands of Great Britain and Ireland, this congress 
intends to comprise all exportation to, or importation 
from, the Islands of Jersey, Guernsey, Sark, Alderney, 
and Man, and every European island and settlement 
within the British dominions : And that under the 
denomination of the West Indies, this congress means 
to comprehend all the West India Islands, British and 
foreign, to whatever state, power, or prince belonging, 



THE UNITED STATES OP AMERICA. 601 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 



or by whomsoever governed; and also the Summer 
Islands, Bahama Islands, Berbicia, and Surinam on the 
Main, and every island and settlement within the* 2 Am. 
latitude of the southern line of Georgia and the 19 J™ 8 ' 
equator."* 



As a sequel to these acts of the colonial congress, Procced- 
and as an interesting and important record in the his- {j^^P 
tory of the proceedings of parliament with reference Nov., ills. 
to the colonies, we here refer to the examination, in 
the House of Lords, of Governor Richard Penn, of 
Pennsylvania, to whom the proceedings of this con- 
gress were enclosed to be presented to his majesty. 
The effect which this examination produced in parlia- 
ment was singularly exciting, and more than anything 
else opened the eyes of that body to the real crisis 
which was now impending in America. And although 
the awakening came too late, and was too limited in 
its extent, to be of any permanent avail, it yet had its 
influence out of parliament upon the tone of public 
sentiment with regard to the motives and aims of the 
congress and the people of America. 

On Tuesday, the seventh, day of November, in the House of 
House of Lords, the order of the day being to take Lords - 
into consideration a paper endorsed " Copy of the Pe- 
tition of the Congress to the King, delivered to the 
Earl of Dartmouth by Messrs. Penn and Lee, on the 
first day of September, 1775 ;" the said paper being 
read by the clerk : The Duke of Richmond observed, 
that he saw Mr. Perm, governor of Pennsylvania, below 
the bar ; and as some doubt might arise in the course 
of the debate, whether or not the paper now read was 
genuine, he urged the propriety of calling that gentle- 
man to authenticate it, as he understood the petition 
was delivered by him into the hands of one of his Motion to 
majesty's secretaries of state. He then moved that M r al penn. 
Mr. Penn be called in, to authenticate the paper. 

This motion gave rise to considerable opposition and 



602 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Examina- discussion, but ended in an order being entered that 
Gov°Pcnn ^ r - P enn should attend the House of Lords for exam- 
House of ination with reference to the matter now before them, 
Nov., b 'm5. on Friday, the tenth of November then current. 
Mr. Perm At the time designated, the order of the day being 
called and rea( j M r# Richard Penn was called and came forward, 

examined, ' t ' 

Nov. loth, and, being sworn, was examined at the bar, as follows: 
" Question. How long have you resided in America ? 

Answer. I have resided there four years. 

Question. How long were you in the government 

in Pennsylvania ? Answer. Just two years. 
As to con- Question. Do you know, or have you heard, of any 
gressional violence or unfair proceedings in the election of the 

members of the continental congress ? Answer. I 

have not heard of any. 
Intelii- Question. Do you think the members are men well 

gence of m f orme( j f the temper, disposition, and strength of 
gress. their respective provinces, and capable of conveying the 

sense of America ? Answer. I think they are men of 

character and capable of conveying the sense of America. 
Congress Question. Do you think that their several proceed- 
and the ^ n „ s ^ j n re ality convey the genuine sense of those 

S6DSG of 

the people, provinces' you .are acquainted with ? Answer. They 
do undoubtedly convey the sense of the provinces they 
represent. 

Question. Have you any reason to doubt they do 
convey the true sense of the other provinces ? Answer. 
They certainly do convey the sense of the other prov- 
inces also. 

Object of Question. Do you think the provinces will be gov- 
e wai " erned by their decisions ? Answer. I firmly believe 
the provinces will be governed by their decisions. 

Question. Do you not think that the present war, 
on the part of America, is levied and carried on by the 
directions of the congress, and supported by the incli- 
nation and zeal of the colonists, in defence of their 
liberty ? Answer. This war is levied and carried on 
by a sense of the defence of their liberties, as they 
think. 



THE UNITED STATES OF AMERICA. 603 

THE COMMERCIAL SYSTEM OF TAXATION". PART III. 

Question. Can you think that it is levied or carried Examina- 

on by any other means or persons ? Answer. I do not q ^ renn 

think it is carried on by any other means or account, in the 
~ . n . . n .,, House of 

Question. Are you personally acquainted with many Lords, 

of the members of the congress? Answer. I am ac-^ ^ 10 ' 

quainted with almost all the members of the congress. 

Question. Do you think they levy and carry on this Independ- 
war for the purpose of establishing an independent em-™/ 11 ^ 
pire ? Answer. I think they do not carry on the war ject. 
for independency, I never heard them breathe senti- 
ments of that nature. 

Question. For what purpose do you believe they Aim in tak- 
have taken up arms ? Answer. In defence of their ^" p 
liberties. 

Question. "Were you in America at the time the The stamp 
stamp act was laid ? Answer. I was. 

Question. What effects did it produce ? Answer. 
It caused great discontent, uneasiness, and distress. 

Question. Were you there when it was repealed ? Its repeal. 
Answer. I was. 

Question. What effects did the repeal produce ? Aft er the 
Answer. The repeal gave great joy, and the anniver- 
sary was kept as a day of mirth and festivity. 

Question. Were the Americans satisfied with their The de- 
condition, notwithstanding -the declaratory act accom- ac t. 
panied the repeal of the stamp act ? Answer. They 
were satisfied with their condition, notwithstanding the 
declaratory act. 

Question. If Great Britain had left things in the 
state they then were, do you think America would have 
remained content ? Answer. I think they would have 
remained content. 

Question. Is it the general opinion in America that Ability to 
they are able to resist the arms of Great Britain, em- r ' 
ployed to enforce taxation, and the late acts complained 
of in America ? Answer ? It is the opinion of all I 
have ever conversed with. 

Question. Is the spirit of resistance to these acts 



604 



THE GOVERNMENTAL HISTORY OP 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



Examina- 
tion of 
Gov. Penn, 
in the 
House of 
Lords, 
Nov. 10, 
1115. 



Military of 
Pennsylva- 
nia. 



general, as far as your knowledge goes ? Answer. 
Quite general. 

Question. What force has the province of Pennsyl- 
vania raised ? Answer. When I left Pennsylvania, 
they had twenty thousand men in arms, imbodied but 
not in pay ; and four thousand five hundred men since 
raised. 

Question. What were these twenty thousand, mili- 
tia or what ? Answer. They were volunteers through- 
out the province. 

Question. What were the four thousand five hun- 
dred ? Answer. They were minute-men, when upon 
service in pay. 

Question. Are they included in the twenty thou- 
sand men, or exclusive of them ? Answer. Exclu- 
sive. 

Question. Doth the province contribute money be- 
sides to the continental army ? Answer. They do. 

Question. How many men, fit to bear arms is it sup- 
posed there are in Pennsylvania? Answer. Sixty 
thousand. 

Question. What proportion of these sixty thousand 
do you believe would willingly come forth, if necessary, 
in the present contest ? Answer. All, I believe. 

Question. Doth Pennsylvania grow a sufficient quan- 
tity of corn to supply its inhabitants ? Answer. Much 
more than is necessary, for they export considerable 
every year. 

Question. Do they make gunpowder in Pennsylva- 
nia ? Answer. They have, lately. 

Question. Have they taken any methods to procure 
saltpetre ? Answer. They have established several 
works for that purpose. 

Question. Do they cast brass cannon ? Answer. 
They do in the city of Philadelphia. 

Question. Have they the materials and means of 
casting iron cannon ? Answer. They have, in great 
plenty. 



Contribu- 
tions of 
money. 
Capable 
men. 



Ready for 
service. 



Growth of 
corn. 



Gunpow- 
der. 



Saltpetre. 



Cannon, 
&c. 



THE UNITED STATES OP AMERICA. 605 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

Question. Do they make small-arms ? Answer. Examina- 
They do, in great numbers, and very complete. ^ Penn) 

Question. Is it not reckoned that there are in Penn-JE th e 

^ House of 

sylvania and New York, many strong posts, and con- Lords, 
siderable rivers ? Answer. There are. 1775. 10 ' 

Question. Are there bridges over the principal riv- r or ts and 
ers ? Answer. Bridges are not common ; in general, " vers - 

. 13rid°*GS. 

there are ferries ; the rivers are too rapid for bridges. 

Question. Do they build ships in Pennsylvania ? Shipbuild- 
Answer. They do. Question. Do they build them 
expeditiously ? Answer. Very expeditiously. Ques- 
tion. Of what burden ? Answer. Three hundred or 
four hundred tons. 

Question. Did the congress, and the people in gen- :Rcce P tion 

• n ■ 1 • 1 • • • ot their 

eral, seem dissatisfied with the reception their petitions petitions. 

had met with here ? Answer. The colonies were dis- 
satisfied with the reception of their petitions ; they had 
conceived great hopes from that I brought over, which 
was stiled the olive-branch; and I was complimented by 
my friends on being the bearer thereof. 

Question. If conciliatory measures are not speedily Connec- 
pursued, is it not to be feared that the congress will f ore j on 
form some connection with foreign powers ? Answer. P ow ers. 
It is greatly to be feared, if conciliatory measures are 
not speedily pursued. 

Question. If any connection with foreign powers 
should be formed, do you not think that it will be very 
difficult to persuade America to renounce engagements 
she has once entered into ? Answer. I do. 

Question. When you delivered this petition, did the Not before 
secretary of state ask you any questions relative to that jj ue ^ °jj 
country? Answer. None at all. Question. Did he, in au- 
or any other minister, at any other time since your ar-* ° nty " 
rival, ask you any questions as to the state or temper 
of America? Answer. I have not been asked any 
questions by persons in authority. 

Question. Did most thinking men in Philadelphia Refusal of 
understand the refusal of the petition would be a bar ^ n veti ' 
to all reconcilement ? Answer. They did. 



606 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

Examina- Examined by the Earl of Sandwich. Question. Have 
Gov *P y° u ever read * ne declaratory act ? Answer. I have 
in tiie ' not read it. Question. Have you not heard of it ? 
LorX, Answer. Yes, I have heard of it, but not much dis- 
Nov. 10, cussed. 

1*7 *75. 

The '" De- Question. Do you think that the colonies and plant- 
claratory ations in America have been, are, and of right ought 

Act." 

Depend- to ^ e ' SUDor dinate unto, and dependent upon the impe- 
ence on rial crown and parliament of Great Britain ? Answer. 
aia< "The colonies, I believe, are inclined to acknowledge the 
imperial authority of Great Britain, but not in taxa- 
tion. 
Question Question. Do you think they acquiesce in every 
anefde 6 - ° other sense of the declaratory act except taxation ? 
bated. The Duke of Richmond objected to the question. He 

insisted it was neither fair, nor parliamentary, to lead 
the witness into discussions of such an intricate nature, 
for the purpose of involving him in confusion and con- 
sequent contradiction. He said it was a subject of a 
very abstruse and intricate nature ; men of the first rate 
abilities and experience entertained different opinions 
concerning it, and it was of course out of the view en- 
tirely of examinations at their lordship's bar. 

The Earl of Sandwich replied, that he was strictly 
within order, that the witness' own sentiments were 
not desired, but seeming to be so well acquainted with 
the persons who composed the congress, it was proba- 
ble they might have communicated their opinions to 
him on the present subject of inquiry. 
Mr. Penn Mr. Penn was desired to withdraw at the commence- 
desired to men t f this discussion, and being now again called in, 

■withdraw . 

pending replied : Answer. I believe the colonies acquiesce in 
isretdkd.' the words of the declaratory law. 
Election of Question. Was there no violence used in the elec- 
members tion of the members of the congress ? Answer. I 
gress. know, of my own knowledge, only respecting Pennsyl- 
vania, where they were elected by the house of as- 
sembly. 



THE UNITED STATES OP AMERICA. G07 

THE COMMERCIAL SYSTEM OF TAXATION. PaKT III. 

Question. Do you know all the members of the con- Examina- 
gress ? Answer. I am acquainted with almost all of G°v.Penn 
them. Question. Do you know Mr. Harrison ? An- in the 
swer. I do ; he is a delegate from Virginia. Question. Lords, 
Is he a man of good character ? Answer. I believe him ^_°7; 10 > 
to be so, I never heard to the contrary. Question. Is Mr. Harri- 
he able to convey the sense of the province he repre- sonof Va * 
sents ? Answer. I imagine so, or they would not 
have elected him. 

Question. Are you acquainted with the sentiments 
of America in general? Answer. I am particularly 
acquainted only with the sentiments of Pennsylvania. 

Question. Have you heard of the resolutions of Suffolk 
Suffolk in Massachusetts Bay ? Answer. I have. lions!" 

Question. Have the congress declared their appro- 
bation of them? Answer. I believe they have, it was 
in the public papers. 

Question. Have you not heard of violences commit- 
ted on persons for speaking their opinions? Answer. 
Not in Pennsylvania. 

Question.. Are the sentiments of the northern and Sentiments 
southern provinces similar? Answer. I believe thcy^ g n p e e r °" 
are. all y- 

Question. Are the people of the different provinces 
in a state of freedom? Answer. They think them- 
selves so. 

Question. Would not persons who were to advance 
different sentiments from the congress, be in danger? 
Answer. I believe they would. 

Question. Do not you know of people having been 
persecuted for their opinions ? Answer. I do not know 
of any such thing in Pennsylvania during my residence 
there. 

Question. Have you not heard of such things in 
other colonies? Answer. I have heard so. 

Question. What notice did the congress take of the The "P lan 

° of accom- 

resolutions of the House of Commons last year ? An- modation." 



608 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causks of the revolution. 

Examina- swer. I do not know, they always keep their delibera- 
Gov. Penn, tions to themselves. 

Souse of Question. Was the plan proposed by Lord Chatham 
Lords, last year taken notice of by the congress? Answer. 
? ov ;'!? 75 - Not that I know of. 

Lord Chat- . 

ham's plan. Question. Do you know whether the congress pub- 
lished anything as to the resolutions of last year ? An- 
swer. Not that I recollect. 
The "con- Question. Was the conciliatory plan of last year 
plan." 17 considered in the provinces ? Answer. It was consid- 
ered in Pennsylvania, and rejected by the house of 
assembly, because they would not forsake their sister 
colonies, nor do anything without consulting them. 
Voiun- Question. What sort of men were the twenty thou- 

sand men who offered to enroll themselves? Answer. 
They were men of the first character and fortune. 

Question. Were they not all persons of property, or 
possessing land? Answer. There might be some oth- 
ers among them, but in general they were so. 
The power Question. Unless the congress had the confidence 
° c S g n " of the Americans, could they have any other means of 
enforcing obedience to their orders? Answer. They 
could not. 

Question. Doth the congress meet with the general 
approbation of America? Answer. When the con- 
gress was first proposed no one opposed it ; it seemed to 
be the general wish of the people. 
Opposition Question. Could a sufficient number of people be 
nanceT te " found to support any one in speaking or writing against 
the congress? Answer. No. 

Examined by the Earl of Denbigh. 
The char- Question. Are you master of the charter of Penn- 
Pennsylva- sylvania ? Answer. I believe I am; I have read it 
nia - often. 

Question. Are the inhabitants well satisfied with 
their charter ? Answer. I believe they are perfectly so. 
Question. Do you know the clause that subjects 
them to taxation? Answer. I know that clause. 



THE UNITED STATES OF AMERICA. 609 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

Question. Do you think they are satisfied with it?Examina- 

. -r r tion of 

Answer. Yes. Gov . Penn> 

Question. Is it not the object of the congress to |5 the „ 

a House of 

throw off the regulations of their trade ? Answer. No. Lords, 

Question. Have not the congress persecuted the v '' 1 * 75, 
people ? Answer. Not to my knowledge. 

Question. Would not the most opulent inhabitants Freedom 
prefer freedom under this country, to what they noWj™ d er ° s " 
enjoy ? Answer. They would prefer it to any other ferred to 

, ., n. n i independ- 

state oi freedom. ence> 

Question. Do you think they wish to support the 
measures of the congress at present? Answer. It is Reconcilia- 
firmly my opinion that they do, but wish, at the same^ed. 
time, for a reconciliation with this country. 

Question. When you said that Pennsylvania was 
satisfied with the clause in their charter concerning 
taxation, did you mean to say, that they were willing 
to be taxed by parliament ? Answer. I do not believe Parliamen- 
Pennsylvania would be satisfied to be taxed by this^j^ X p a 
country, and by their own government too." 

Here Mr. Penn was instructed to withdraw.* Where- Archives 
upon the Duke of Richmond rose, and insisted, in a very P- 123-127. 
able speech, upon the necessity of an immediate recon- fRi c h_ e 
ciliation between Great Britain and her American colo- mond - 
nies. 



Meanwhile the colonial congress had convened again Meeting of 
at Philadelphia, pursuant to the resolution of adjourn- l r e S s°Sept. 
ment at their last session. This meeting was signalized l ^ 5 - 
by the admission of the colony of Georgia, by her dele- Georgia 
gates, into the league of the United Colonies: An ear- g a n t J dele " 
ly and important proceeding was the passage of a reso- 
lution of secrecy, as follows, viz.: 

"Resolved, That every member of this congress con- Resolution 
siders himself under the ties of virtue, honor, and love of secrecy ' 
of his country, not to divulge, directly or indirectly, any 
matter or thing agitated or debated in congress, before 
the same shall have been determined, without leave of 
39 



nies. 



610 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The colo- the congress ; nor any matter or thing determined in 
gress at" congress which a majority of the congress shall order 
PMiadei- to be kept secret ; and that if any member shall violate 

phia, Sept., tut .. , , . 

1775. this agreement he shall be expelled this congress, 
and deemed an enemy to the liberties of America, and 
liable to be treated as such ; and that every member sig- 
nify his consent to this agreement by signing the same." 
This resolution, as proposed, was thereupon passed, 
* 3. Am. engrossed, and subscribed by all the delegates.* 
p. 1916. It does not appear that any action had been taken by 
The arti- the provincial assemblies upon the articles for a colonial 
federation! "confederation submitted by Dr. Franklin to the last 
congress, and by them referred to the colonies, although 
they were made the basis of its proceedings at the pres- 
ent session. 
Position of The position of the colonies was now one of direct 
and ominous hostility to the supreme power of the 
mother country ; and placed them at once and distinct- 
ively in a revolutionary attitude. An attitude which 
must inevitably lead to their subjugation to, or their 
absolute independence of the British crown. All re- 
flecting and thoughtful men in America began to fore- 
see the latter result, and some of them even to calcu- 
late its necessity and advantages, without seeming to 
purpose or desire it. The alternative was too forcefully 
before them to be mistaken, and few believed that they 
could be defeated in a cause generally deemed so just. 
The whole maritime equipments of Great Britain, it 
was fondly supposed in America and feared in England, 
could not transport troops sufficient to reduce three 
millions of people so united in their determination to 
sacrifice everything in their struggle for freedom. The 
moment of conciliation, if not already irrevocably past 
in the decrees of the Omniscient, was still unimproved 
by the controlling councils of the parent state. 

The crown remained unmoved by their petition, the 
ministry became more frenzied by so unexpected a de- 
fiance of their armies, and their mad measures were 



THE UNITED STATES OF AMERICA. 611 

THE COMMERCIAL SYSTEM OP TAXATION. PART III. 

persisted in by parliament. The colonists were declared The colo- 
rebels, all trade with them was prohibited ; their prop- gress at " 
erty declared confiscated, and, with their persons, made i'hiiadel- 

, r ■ • phia, Sept., 

liable to seizure, while hordes of British and foreign 1775. 
troops were sent over to force them to submission. 
Every principle of justice ; every sentiment of honor, 
honesty, and humanity ; every maxim of good and equi- 
table government ; and the plainest precepts of political 
liberty; were disregarded and trampled down by an 
arbitrary, reckless, and infuriate administration, now 
openly and firmly defended ' and sanctioned by the * 6 \ 4 m - 

r J J J Archives, 

crown. p. 6. 

Under these circumstances, this session of the con- 
gress was necessarily continuous and protracted: Its 
labors were arduous, difficult, and momentous in their 
performance; lasting and comprehensive in their se- 
quences. The military operations to be directed ; the 
fiscal system to be perfected ; the army regulations ; the 
appliances for maritime defence; were all matters for 
serious calculation and profound deliberation; while 
the general government of the colonies under the con- 
federated union, and the direction of the contest which 
now agitated and held in abeyance the destinies of this Position of 
great people, imposed upon the members an immense g r e S g.° n " 
and far-reaching responsibility. It is not my purpose 
to speak of the conflict which for seven long years tested 
the wisdom and integrity of the congress, and the patri- 
otism, the virtue, and the valor of the people of Amer- 
ica. Nor do I feel called upon to tell how valiantly 
they fought, how freely they bled, how much they sac- 
rificed, what perils they encountered, what hardships 
they endured, or what labors they performed, during 
this eventful period. All these belong to another branch 
of their history. It sufficeth my purpose here to say, 
that in defence, the congress fitted out armed vessels to 
intercept such supplies as were designed for the British 
troops; all exportations except from one colony to 
another were prohibited; letters of marque and reprisal 



612 THE GOVERNMENTAL HISTORY OF 

Part III. origin and causes of the revolution. 

The colo- were issued; and it was generally declared, "that the 
gressat exercise of every kind of authority under the crown of 
PhUadel- Great Britain be utterly suppressed throughout the 

phia.Sept., . . . . . J ll ° 

1775. colonies in America. 

Thus they were forced on, step by step, till at length 
the ties of kindred were disregarded, every feeling of 
affection was stifled, and the sympathy of consanguin- 
ity which had hitherto prompted their patient endur- 
ance of the wrongs inflicted by the mother country, 
and nourished the hope of reconciliation, had now 
forever lost its influence over the people of America. 
Nothing further remained but to sever the tie of their 
political relationship. Their present position fore- 
shadowed the certainty of this result. The suppres- 
sion by the congress of the exercise of any and all 
The crisis authority under the crown of Great Britain, was an 
in their exceedingly important step in their governmental his- 

govern- o j i r o 

mental tory. It was virtually erecting that body into an inde- 
iansi ion. p Cnt i en t na tional government, vested with the attributes 
of sovereignty of which it had thus and so summarily 
disrobed the parent kingdom. The power of the 
crown being suppressed, the power of the congress 
necessarily takes its place. The as yet uninherited 
and unachieved sovereignty of the colonies is swal- 
lowed up in the supremacy of the congress, and they 
have voluntarily become subject to its direction and 
control. How far their now unknown and unclaimed 
independence as separate sovereignties may be made 
ultimately to consist with this supremacy of power in 
a national administration, will become a matter of 
curious and interesting inquiry hereafter. Meanwhile 
we must note and remember the important fact, that 
The ques- the formal and open declaration of their independence 
inde °end as United States had not as yet been agitated in the 
ence. congress, although it had become a matter of somewhat 
earnest discussion in several of the provincial assem- 
blies ; in the correspondence of members with their 
constituents : and between eminent civilians, and 



THE UNITED STATES OP AMERICA. 613 

THE COMMERCIAL SYSTEM OF TAXATION. PART III. 

prominent officers of the army. The congress itself, The coio- 
indeed, seems to have been slow in encouraging any j^fgg ^" 
such measure or design. So much so that they were Phiiadel- 
thus rebuked in a letter written by General Charles 1775-6. 
Lee to Richard Henry Lee, then a member of the 
congress : 

" Williamsburgh, May 10, 1776. 
" My Dear Friend : Your brother and I think, from General 
the language of your letters, that the pulse of theRichanl 
congress is low, and that you yourself, with all your ^ ee on in * 
vigor, are, by collision, somewhat more contracted in ence, May, 
your hopes than we wished to have found. If you do 1776 ' 
not declare immediately for positive independence, we 
are all ruined. There is poorness of spirit and lan- 
guor in the late proceedings of congress, that, I con- 
fess, frightens me so much that at times I regret having 
embarked my all, my fortune, life, and reputation, in 
their bottom. I sometimes wish I had settled in some 
country of slaves, where the most lenient master gov- 
erns. However, let the fate of my property be what 
it will, I hope I shall preserve my reputation, and 
resign my breath with a tolerable degree of grace. 
God bless you. I cannot write more at present. 'Ah, 
Cassius, I am sick of many griefs.' 

" Yours, most entirely, * 6 Am. 

"Charles Lee."* J^ 68 ' 

This impatience of the delay of congress to declare 
their independence seems to have been generally prev- 
alent with the officers of the army, who considered 
such a step necessary in order to inspirit and encour- 
age the provincial troops. To fight for reconciliation 
with Great Britain they had but little energy and no 
ambition. Independence was now alone their aim. 

The first energetic movement in this direction in the Resolu- 
congress was made on Friday, the seventh day of June, m depe°nd- 
1776, when resolutions to that effect were moved and ence > June 
seconded, as follows, viz.: t , 77 . 



614 THE GOVERNMENTAL HISTORY OF 



Part III. origin and causes of the revolution. 



Thecolo- "Resolved, That these united colonies are, and of 
niai con- pjgjjt ought to he, free and independent states; that they 
Phiiadei- are absolved from all allegiance to the British crown, 
p ia ' l ' and that all political connection between them and the 
state of Great Britain is, and ought to be, totally dis- 
solved. 
Foreign ai- " Resolved, That it is expedient forthwith to take 
nances. ^j ie mos ^ effectual measures for forming foreign alli- 
ances. 
For a con- « Resolved, That a plan of confederation be pre- 
* 6 Am pared and transmitted to the respective colonies, for 
Archives, their consideration and approbation."* 
p- These resolutions were referred to a committee of 

Reference the whole congress, and deliberated from day to day, 
o^theTet till the tenth of June, when the following report was 
olutions. made : 

"Resolved, That the consideration of the first reso- 
lution be postponed to Monday, the first day of July 
next ; and, in the mean while, that no time be lost in 
case the congress agree thereto, that a committee be 
appointed to prepare a declaration to the effect of the 
said first resolution, which is in these words: 'That 
these united colonies are, and of right ought to be, 
free and independent states ; that they are absolved 
from all allegiance to the British crown, and that all 
political connection between them and the state of 
Great Britain is, and ought to be, totally dissolved.' " 

On the first day of July, the foregoing resolution 
was made the order of the day for Tuesday, July 
second, when it was adopted by the congress. The 
proposed Declaration under it was considered from day 
to day, till the fourth, when, the congress having re- 
solved itself into a committee of the whole, Mr. Harri- 
son stated that the committee had agreed on a declara- 
tion, which they desired him to report. Whereupon, 
the declaration being read, was agreed to, engrossed, 
and subscribed, as follows, viz. : 



THE UNITED STATES OF AMERICA. 615 

THE DECLARATION OF INDEPENDENCE. PART III. 



"A Declaration The cod- 

ify the Representatives of the United States of Amer- nial con " 
ica, in General Congress assembled. Phiiadel- 

"When, in the course of human events, it becomes ' 
necessary for one people to dissolve the political bands 
which have connected them with another, and to as- Preamble, 
sume among the Powers of the Earth the separate and 
equal station to which the haws of Nature and of 
Nature's God entitle them, a decent respect to the 
opinions of mankind requires that they should declare 
the causes which impel them to the separation. 

"We hold these truths to be self-evident : that all Inalienable 
men are created equal ; that they are endowed by their " s 3 * 
Creator with certain inalienable rights ; that among 
these are life, liberty, and the pursuit of happiness ; 
that to secure these rights, governments are instituted 
among men, deriving their just powers from the con- 
sent of the governed. That whenever any form of 
government becomes destructive of these ends, it is 
the right of the people to alter or abolish it, and in- Right of 
stitute new government, laying its foundation on such revolutlon ' 
principles, and organizing its powers in such form, a3 
to them shall seem most likely to effect their safety 
and happiness. Prudence, indeed, will dictate that 
governments long established, should not be changed 
for light and transient causes, and accordingly all 
experience hath shown, that mankind are more dis- 
posed to suffer, while evils are sufferable, than to right 
themselves by abolishing the forms to which they, are 
accustomed. But when a long train of abuses and 
usurpations, pursuing invariably the same object, 
evinces a design to reduce them under absolute des- 
potism, it is their right, it is their duty, to throw off 
such government, and to provide new guards for their 
future security. Such has been the patient sufferance 
of these colonies ; and such is now the necessity which 
constrains them to alter their former systems of gov- 



616 THE GOVERNMENTAL HISTORY OP 

Part III. origin and causes of the revolution. 

The coio- eminent. The history of the present King of Great 
gress a" Britain is a history of repeated injuries and usurpa- 
pwiadei- tions, all having in direct object the establishment of 
p ia ' ' an absolute tyranny over these states : To prove this, 
let facts be submitted to a candid world. 

" He has refused his assent to laws the most whole- 
some and necessary for the public good. He has for- 
bidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their opera- 
Tyranny tion till his assent should be obtained, and when so 

and usurp 

ation of suspended, he has utterly neglected to attend to them. 
ofGresu ^° nas re f llse d to pass other laws, for the accommoda- 
Britain. tion of large districts of people, unless those people 
would relinquish the right of representation in the 
legislature, a right inestimable to them, and formidable 
to tyrants only. He has called together legislative 
bodies at places unusual, uncomfortable, and distant 
from the depository of their public records, for the 
sole purpose of fatiguing them into compliance with 
his measures. He has dissolved representative houses 
repeatedly for opposing with manly firmness his inva- 
sions on the rights of the people. He has refused for 
a long time, after such dissolutions, to cause others to 
be elected, whereby the legislative powers, incapable 
of annihilation, have returned to the people at large 
for their exercise ; the state remaining in the mean 
time, exposed to all the dangers of invasions from 
without, and convulsions from within. 

"He has endeavoured to prevent the population of 
these states ; for that purpose obstructing the laws for 
the naturalization of foreigners ; refusing to pass others 
to encourage their migration hither, and raising the 
conditions of new appropriations of lands. He has 
obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 
He has made judges dependent on his will alone for 
the tenure of their offices, and the amount and pay- 
ment of their salaries. He has erected a multitude 



THE UNITED STATES OP AMERICA. 617 

THE DECLARATION OF INDEPENDENCE. PART III. 

of new offices, and sent hither swarms of officers to The colo- 
harass our people and eat out their substance. He °^' 
has kept among us in times of peace, standing armies, PMiadei- 
without the consent of our legislatures. He has affected ' 
to render the military independent of, and superior to 
the civil power. 

" He has combined with others, to subject us to a 
jurisdiction foreign to our constitution, and unacknowl- 
edged by our laws, giving his assent to their acts of pre- 
tended legislation ; For quartering large bodies of armed 
troops among us ; For protecting them by a mock trial 
from punishment for any murders which they should 
commit on the inhabitants of these states ; For cutting 
off our trade with all parts of the world ; For imposing Tyranny 
taxes on us without our consent ; For depriving us, atLniTof **" 
in many cases, of the benefit of trial by jury ; For the kin S 
transporting us beyond seas to be tried for pretended Britain, 
offences ; For abolishing the free system of English 
laws in a neighboring province, establishing therein an 
arbitrary government, and enlarging its boundaries, 
so as to render it at once an example and fit instrument 
for introducing the same absolute rule into these colo- 
nies; for taking away our charters, abolishing our 
most valuable laws, and altering fundamentally the 
forms of our governments ; for suspending our own 
legislatures, and declaring themselves invested with 
power to legislate for us in all cases whatsoever. 

" He has abdicated government here, by declaring us 
out of his protection, and waging war against us. He 
has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. He is at 
this time transporting large armies of foreign mercena- 
ries, to complete the works of death, desolation, and 
tyranny, already begun, with circumstances of cruelty 
and perfidy, scarcely paralleled in the most barbarous 
ages, and totally unworthy the head of a civilized na- 
tion. He has constrained our fellow citizens taken 
captive on the high seas, to bear arms against their 



618 THE GOVERNMENTAL HISTORY OF 



Part III. origin and causes of the revolution. 



The colo- country ; to become the executioners of their friends 
gressat" &n & brethren, or to fall themselves by their hands. 
pM^me He has excited domestic insurrections amongst us, and 
' has endeavored to bring on the inhabitants of our fron- 
tiers, the merciless Indian Savages, whose known rule 
of warfare is an undistinguished destruction of all ages, 
sexes, and conditions. 

forredreas " * n GYeT J sta S e of these oppressions, we have peti- 
tioned for redress, in the most humble terms ; our 
repeated petitions have been answered only by repeated 
injury. A prince whose character is thus marked by 
every act which may define a tyrant, is unfit to be the 
ruler of a free people. Nor have we been wanting in 
attentions to our British brethren ; we have warned 
them from time to time, of attempts by their legisla- 
ture to extend an unwarrantable jurisdiction over us ; 
we have reminded them of the circumstances of our 
emigration and settlement here, we have appealed to 
their native justice and magnanimity, and we have con- 
jured them by the ties of our common kindred, to dis- 
avow these usurpations, which would inevitably inter- 
rupt our connexions and correspondence ; They too 
have been deaf to the voice of justice and consanguin- 
ity. We must therefore acquiesce in the necessity, which 
denounces our separation, and hold them, as we hold 
the rest of mankind, enemies in war, in peace, friends. 
" WE, therefore, the Representatives of the UNITED 
STATES OF AMERICA, in GENERAL CONGRESS 
assembled, appealing to the Supreme Judge of the 
world, for the rectitude of our intentions, Do, in the 
name, and by authority of the good people of these 
colonies, solemnly publish and declare, That these 
United Colonies, are, and of right ought to be, FREE 
AND INDEPENDENT STATES; that they are ab- 
solved from all allegiance to the British crown ; and 
that all political connexion between them, and the state 
of Great Britain, is, and ought to be totally dissolved, 
and that, as FREE AND INDEPENDENT STATES, 



THE UNITED STATES OP AMERICA. 619 

THE DECLARATION OF INDEPENDENCE. PART III. 

they have full power to levy war, conclude peace, con- The coio- 
tract alliances, establish commerce, and to do all other "JLf »? " 
acts and things, which INDEPENDENT STATES Phikdei- 
may of right do. And for the support of this DECLAR- p ia> 
ATION, with a firm reliance on the protection of 
Divine Providence, we mutually pledge to each other 
our lives, our fortunes, and our sacred honor. 

JOHN HANCOCK. 

NEW HAMPSHIRE. 

Josiah Bartlett, Matthew Thornton. 

William Whipple, 

MASSACHUSETTS BAY. 

Samuel Adams, Robert Treat Paine, 

John Adams, Elbridge Gerry. 

RHODE ISLAND, &c. 

Stephen Hopkins, William Ellery. 

CONNECTICUT. 

Roger Sherman, William Williams, 

Samuel Huntington, Oliver Wolcott. 

NEW YORK. 

William. Floyd, Francis Lewis, 

Philip Livingston. Lewis Morris. 

NEW JERSEY. 
Richard Stockton, John Hart, 

John Witherspoon, Abraham Clark. 

Francis Hopkinson, 

PENNSYLVANIA. 

Robert Morris, James Smith, 

Benjamin Rush, George Taylor, 

Benjamin Franklin, James Wilson, 
John Morton, George Ross. 

George Clymer, 



620 



THE GOVERNMENTAL HISTORY OF 



Part III. 



ORIGIN AND CAUSES OF THE REVOLUTION. 



The colo- 
nial con- 
gress at 
Philadel- 
phia, 1776. 



The men 
of 1776. 



DELAWARE. 

Cesar Rodney, Thomas M'Kean. 

George Read, 

MARYLAND. 



Samuel Chase, 
William Paca, 
Thomas Stone, 



Charles Carroll, of 
Carrollton. 



VIRGINIA. 

George Wythe, Thos. Nelson, Jr., 

Richard Henry Lee, Francis Lightfoot Lee, 
Thomas Jefferson, Carter Braxton. 

Benjamin Harrison, 

NORTH CAROLINA. 

William Hooper, John Penn. 

Joseph Hewes, 

SOUTH CAROLINA. 
Edward Rutledge, Thomas Lynch, Jr., 

Thos. Heyward, Jr., Arthur Middleton. 

GEORGIA. 

Button Gwinnett, George Walton. 

Lyman Hall, 

Eesoiution Resolved, That this declaration be sent to the sev- 
upon * eral assemblies, conventions, and committees, or coun- 
cils of safety ; and to the several commanding officers 
of the continental troops ; that it be proclaimed in 
each of the United States, and at the head of the army. 



Conclusion 
of Part III. 



If we knew nothing more of the history of those 
men who guided our councils and our armies during 
this trying period, than that they purposed, and 
resolved, and wrought out our independence; that 
they were instrumental in erecting the fair fabric of 
government which has made us so free, so happy, and 
so prosperous a nation ; we should be apt to think that 
heaven had endowed them with superior wisdom and 



THE UNITED STATES OF AMERICA. 621 

THE DECLARATION OF INDEPENDENCE. PART III. 

virtue. But they were religions men; and to whatever The colo- 
name, or creed, or sect they belonged, they forgot a ll ™ ss c< ^" 
these party discriminations, and remembered only Philadel- 
those fundamental principles of their religion which pna ' 
were embraced alike in the faith of all. They were 
self-governed men; and in their exalted virtue they 
abandoned all considerations of self, and sought solely 
and only the good of their country. They periled their 
lives, their fortunes, and their sacred honor, to secure 
its liberties. They were persuaded, they felt, that the 
contest was one which involved the dearest and most 
important of human rights and human destinies ; that 
on the issue of it depended the proudest hopes of 
America not only, but of all mankind. They loved 
justice and hated oppression ; and they felt that the tri- 
umph of those principles of civil and religious liberty 
for which they were contending, was the sure precur- 
sor of infinite good to the whole human family. They 
thought not of the present alone, they thought, and 
acted, and lived, and struggled, and suffered for the 
future ; they forgot all else in their zeal for posterity. 
Freely and cheerfully exposed their lives, devoted their 
property, and consecrated their blood, to achieve for 
and transmit to them freedom and independence ; satis- 
fied beyond all doubt, that on that independence alone, 
depended the most glorious prospects that had ever 
been opened to the world. Such were the feelings, the 
views, the hopes, the faith, which inspired the fathers 
of our revolution. The history of mankind has never 
before known such illustrious benefactors, such gener- 
ous patriotism, such disinterested philanthropy, such 
unselfish regard for the liberties and the welfare of our 
race. They were swayed by purer, nobler, prouder, 
worthier, purposes than ever hallowed the council 
chambers of Greece or of Rome. I admire the schemes 
which held together those early and famed republics. 
I venerate the sages, and the heroes of Athens, of Sparta, 
and of Rome ; but I admire far more our own political 



622 THE GOVERNMENTAL HISTORY OP 



Part III. origin and causes of the rktolution. 

The colo- fabric : I venerate with a loftier and holier enthusiasm 
nial con- ^ ie sa g eSj ^ e heroes, and the patriots, of my own native 
Phiiadei- land : And I religiously believe that the eye of the 
phia, 1777. Omniscient never rested with so intense an interest on 
any other assembly of men gathered for political pur- 
poses. 

END OP PABT III. 



PART IV. 

THE GOVERNMENTAL HISTORY OP THE THIRTEEN ANGLO-AMERICAN 
COLONIES FROM THEIR UNION UNDER THE DECLARATION OF INDE- 
PENDENCE TO THE ADOPTION OF THE PRESENT CONSTITUTION. 

The Declaration of Independence was the necessary Protestant- 
and legitimate result of the full development of the p™^. e 
political elements of freedom embraced in the protest- tion of ln- 
antism of the Reformation. It was inaugurated, as ence< 
we have seen, by Martin Luther, in his humble protest 
against the imperial supremacy claimed by the pontifi- 
cate of Rome in matters of religion. In the same as- 
pect of it, it was made more powerful and prominent 
when Henry VIII. of England protested against the 
power of the Pope, on his refusal to annul the religious 
obligation of the sacrament of marriage, by divorcing 
him from his queen Catharine, and sanctioning his alii- See Paet 
ance with Anne Boleyn. In its relations with the free- 
dom of the subject in matters of religious opinion, or- 
ganization, and worship, merely; it gained considerable 
ascendancy during the reigns of Mary, Elizabeth, and 
their successors. Its general political bearing was 
indeed first known and felt, in the severance of the 
crown and kingdom from all allegiance to Rome. But 
this phase of it was not at all developed, so as to attract 
the interested attention of the people, until the puri- 
tans disclosed it more distinctively in their controver- 
sies with both the Church and the Crown. They trans- 
planted it to the shores of New England where it became 
more fully developed, spread itself throughout the colo- 
nies, giving origin, vitality, and protection, to their free 
governments, laws, and municipal institutions; while 



G24 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

Protestant- its reactive energies contributed to vivify the leaven of 
Deciara- freedom already at work with the mass of mind in the 
tion of In- ^d world, its most signal achievement in the mother 

depend- , ° 

ence. country, was its own elevation to the throne in the per- 
sons of William and Mary, and the establishment of a 
Protestant succession in their line by act of parliament ; 
giving to the nation a free constitution, and to the peo- 

Triumph pie a share in the sovereignty vested in the crown ; just 
ntismln" one cen ^ ul T before the adoption of our present federal 

England. Constitution. The English revolution thus heralded 
the more thorough development and diffusion of its 
elements of political freedom in both countries ; while 
in the Anglo-American colonies it infused into the 
minds of the people, and the councils of the various 
provinces, a spirit of liberty and independence, which 
resulted, as now, in the severance of the relations of 

Its triumph political supremacy and subjection between the empire 

in Amen- f Q. rea ^ Britain and the inhabitants of America, 
ca. 

Thus it is that a Protestant Christianity has been made, 
and is, under Providence, the life and the conservation 
of our republican freedom, union, and institutions: So 
that by the constitutions of all the states, as well as by 
the consent of the whole American people, it is now 
regarded as an essential element in our political sys- 
tems; while the Bible, whence it emanates, is the ac- 
knowledged depository and fountain of all civil and 
religious liberty. Though our forefathers did, yet it is to 
be feared that the statesmen and politicians of our own 
day have not, thus read the genealogical record of our 
free institutions and forms of government. Yet it well 
becomes the Christian historian and philosopher, as well 
as the rulers and the people, to refer to the true foun- 
dations, if they would preserve the superstructure in a 
healthy, vigorous, and permanent existence. 

The Declaration of Independence, thus initiated, it 
will at once be observed, opened a new and interesting 
era in the governmental history of the colonics. Hav- 
ing ventured to assume a separate and equal rank among 



THE UNITED STATES OF AMERICA. 625 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

the nations of the earth by proclaiming that they were Effect of 

free and independent states; that they were absolved ration of * 

from all allegiance to the British crown; and that all independ- 
,. . , . t , o ence upon 

political connection between them and the state of the condi- 
Great Britain was totally dissolved ; and that as free *Xnies the 
and indejiendent states they had power to levy war ; con- 1776 
elude peace; contract alliances; establish commerce; 
and to do all other acts and things which independent 
states may of right do ; the necessity was originated for 
the adoption of some new system of government, as 
well to establish and define their relations with each 
other, as to regulate their intercourse and relations 
with foreign powers. The fabric of association under 
which they had hitherto united, was inadequate, in its 
nature and provisions, to their present position; in as- Necessity 
much as in its formation they had not contemplated a ^ern^ 
separation of themselves from all dependence upon the ment. 
British crown. Their confederation was the offspring 
of the peculiar circumstances by which they were sur- 
rounded, and, though not in its original objects or de- 
sign, was yet in its spirit and its tendencies, of a revo- 
lutionary character, and may well be denominated a 
revolutionary government. It might have availed them 
as colonies for all the purposes of resisting the aggres- 
sions, or staying the oppressions of the parent state, 
while that was their only aim ; while each admitted and 
felt the necessity of such resistance; and while the 
nature and extent of that resistance seemed limited and 
defined by the respected sense of allegiance. But when 
the sense of allegiance was itself eradicated, and the 
object of resistance was to establish their independence ; 
when they had brought themselves to feel that they 
were no longer an infant community subject to the con- 
trol of a parent power ; that they had attained to the 
full stature, to the maturity, strength and position, of 
a gigantic Nation; they felt also that other and far 
higher interests depended on the issue of achieving and 
sustaining their independence. They felt, that what- 
40 



626 THE GOVERNMENTAL HISTORY OF 



Part IV. the revolutionary union of the colonies 

The con- ever the force of arms, nerved and wielded by the indig- 
pwiadci- na "t resistance of a people rising against their oppres- 
phia, 1776. sors an( j resolved upon independence, might accomplish ; 
the security and respectability of the position which 
they had taken before the world, depended more upon 
a wisely-adapted and well-ordered frame of govern- 
ment. 

It was with a deep and solemn sense of the impor- 
tance of these considerations that the congress assem- 
Committee bled at Philadelphia, anticipating the necessity, 
to draft a "Resolved, that a committee be appointed to prepare 
form of anc ] digest the form of a confederation to be entered 

contedc- , ° 

ration, into between tllCSC Colonies."* 

, une ti. rpj ic mcmDcrs appointed upon this committee, pursu- 
Archivcs. ant to the resolution, were, Mr. Bartlett, of New Hamp- 
Committce shire ; Mr. S. Adams, of Massachusetts; Mr. Hopkins, 
federation, of Rhode Island; Mr. Sherman, of Connecticut; Mr. 

R. R. Livingston, of New York; Mr. , of 

New Jersey; Mr. Dickinson, of Pennsylvania; Mr. Mc- 
Kcane, of Delaware; Mr. Stone, of Maryland ; Mr. Nel- 
son, of Virginia; Mr. Hewcs, of North Carolina; Mr. 
Rutledge, of South Carolina; and Mr. Gwinnett, of 
Georgia. 
First re- The committee, having taken the subject into consid- 
committee Ccra ^ on ' reported a draft of articles on the twelfth day 
July 12th. f J u ly following; which being read before the congress 

in committee of the whole, it was 

Ordered " Ordered, that eighty copies and no more, be printed 

printed. f or tnc usc f ^hc members; the printer to be bound 

under oath to deliver all the copies which he should 

print, together with the copy sheet, to the secretary; 

and not to disclose, either directly or indirectly, the 

Secrecy contents of the said confederation: That no member 

enjoined, Ornish any . p erson with his copy, or take any steps by 

which the said confederation may be re-printed; and 

that the secretary be under the like injunction." 

The subject continued to be debated from time to 
time, or discussed among the members of the commit- 



THE UNITED STATES OP AMERICA. 627 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

tee, and seems to have been attended with a great The con- 
deal of difficulty, which rendered it extremely doubtful fSiel- 
whether any confederated union of the colonies as hide- P hia > 1<776 - 
pendent states could be satisfactorily established. Each 
began to feel as if it were severally independent, and to Oration 
claim a corresponding importance. There were, indeed, proposed 
questions of interesting and far-reaching magnitude committee, 
involved in the proposition, which were not, and could 
not have been, anticipated in their state of dependency 
upon the crown, but which now crowded upon their 
deliberations with a critical and urgent necessity and 
importance. "If a confederation should take place," Difficulties 
says John Adams, in a letter written from Philadelphia qucst j on> 
at this time, "one great question is, how we shall vote; July 29th. 
whether each colony shall count one, or whether each 
shall have a weight in proportion to its number, or 
wealth, or exports and imports, or a compound ratio of 
all ? Another is, whether congress shall have authority 
to limit the dominions of each colony ; to prevent those 
which claim, by charter, or proclamation, or commis- 
sion, to the south sea, from growing too great and pow- Archives, 
erful, so as to be dangerous to the rest?"* 8th sene8. 

On the twentieth of August, the congress being in Second re- 
committee of the whole, Mr. Morton reported, that the committee 6 
committee having under consideration the form of a Au S- 20th - 
confederation " had gone through the same, and agreed 
to sundry articles which he was ordered to submit to 
the congress." This report being read, it was " ordered, Ordered 
that eighty copies of the articles of confederation as P rmted ' 
reported from the committee of the whole, be printed 
under the same injunctions as the former articles were 
printed ; and delivered to the members under the like 
instructions as formerly." 

On the tenth of September, Mr. Josiah Bartlett, in 
congress, at Philadelphia, writes to Col. Whipple, at 
Boston, " nothing has since been done about the con- 
federation, as the congress is pretty thin, and hurried 



628 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The con- with other business." And again, on the fourteenth 
liuiadei- °f * ne same month, " the affair of the confederation 
phia, 1776. re sts at present." 

Delay of Thus the matter continued to linger in the consid- 
f *ri C °ti cra tion of congress, most generally being deferred on 
account of the more immediate necessity of legislation 
with reference to the army and the war ; and also be- 
lts embar- cause of the difficulty of adjusting its various articles 
rassments. ^ ^\ ie satisfaction of the several colonies. The provis- 
ions which gave rise to the most discussion, as they pro- 
ceeded, related to the mode of voting ; to the basis of 
representation in congress ; to the apportionment of the 
general expenses among the states, and their territorial 
limits ; to the powers of congress and of the states ; 
and to the currency ; all of which were matters of grave 
debate and tended to protract their deliberations. Thus 
the subject continued to be agitated until the fifteenth 
day of November, when the committee reported the 
reported following articles, which were agreed to, and adopted 
and adopt- by the congress, viz. : 

Articles op Confederation and Perpetual Union, be- 
tween the States of New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, 
Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolina, 
South Carolina and Georgia. 

Its style. Art. 1. The style of this confederacy shall be, " The 

United States of America." 
State sove- Art. 2. Each state retains its sovereignty, freedom, 
reignty. an( j independence, and every power, jurisdiction and 
right, which is not by this confederation expressly dele- 
gated to the United States in congress assembled. 
The cove- Art. 3. The said states hereby severally enter into a 
nant. nrm i eague f friendship with each other, for their com- 
mon defence, the security of their liberties, and their 
mutual and general welfare, binding themselves to as- 



THE UNITED STATES OP AMERICA. 029 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

sist each other against all force offered to, or attacks The con- 
made upon them, or any of them, on account of reli- p^ d ei. 
gion, sovereignty, trade, or any other pretence what- pbia, 1776. 

Articles of 
ever# coufedera- 

Aet. 4. § 1. The better to secure and perpetuate mu- tion adopt- 
tual friendship and intercourse among the people of the 17th 
different states in this union, the free inhabitants of 
each of these states, paupers, vagabonds, and fugitives 
from justice excepted, shall be entitled to all privileges 
and immunities of free citizens in the several states ; 
and the people of each state shall have free ingress and 
egress to and from any other state, and shall enjoy Inter- 
therein all the privileges of trade and commerce, sub- tween the" 
ject to the same duties, impositions and restrictions, as states - 
the inhabitants thereof respectively; provided, that 
such restrictions shall not extend so far as to prevent 
the removal of property imported into any state, to any 
other state of which the owner is an inhabitant ; pro- 
vided also, that no impositions, duties, or restrictions 
shall be laid by any state on the property of the United 
States, or either of them. 

§ 2. If any person guilty of, or charged with treason, Fugitives 
felony, or other high misdemeanor in any state, shall J[° e m J us " 
flee from justice, and be found in any part of the Uni- 
ted States, he shall, upon the demand of the governor 
or executive power of the state from which he fled, be 
delivered up and removed to the state having jurisdic- 
tion of his offence. 

§ 3. Full faith and credit shall be given in each of State 
these states, to the records, acts, and judicial proceed- record3, 
ings of the courts and magistrates of every other 
state. 

Art. 5. § 1. For the more convenient management Delegates 
of the general interests of the United States, delegates tocon * 

* o gress. 

shall be annually appointed in such .manner as the leg- 
islature of each state shall direct, to meet in congress 
on the first Monday in November in every year, with a 
power reserved to each state to recall its delegates, or 



630 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The con- 
gress at 
Philadel- 
phia, 1776. 
Articles of 
confedera- 
tion adopt- 
ed Nov. 
17th. 
Repre- 
sentation 
in con- 
gress. 



Mainten- 
ance of 

delegates. 

Vote of 
each state, 

Freedom 
of speech 
and ex- 
emption 
from ar- 
rest. 



State em- 
bassies, 
alliances, 
&c. 



Treaties 
between 
the states, 



any of them, at any time within the year, and to send 
others in their stead, for the remainder of the year. 

§ 2. No state shall be represented in congress by less 
than two, nor more than seven members ; and no per- 
son shall be capable of being a delegate for more than 
three years, in any term of six years ; nor shall any 
person, being a delegate, be capable of holding any 
office under the United States, for which he, or any 
other for his benefit, receives any salary, fees, or emolu- 
ment of any kind. 

§ 3. Each state shall maintain its own delegates in a 
meeting of the states, and while they act as members 
of the committee of these states. 

§ 4. In determining questions in the United States 
in congress assembled, each state shall have one vote. 

§ 5. Freedom of speech and debate in congress shall 
not be impeached or questioned in any court or place 
out of congress, and the members of congress shall be 
protected in their persons from arrests and imprison- 
ments during the time of their going to and from, and 
attendance on congress, except for treason, felony, or 
breach of the peace. 

Art. 6. § 1. No state, without the consent of the 
United States in congress assembled, shall send an em- 
bassy to, or receive any embassy from, or enter into 
any conference, agreement, alliance, or treaty with any 
king, prince, or state, nor shall any person holding any 
office of profit or trust under the United States, or any 
of them, accept of any present, emolument, office or 
title, of any kind whatever, from any king, prince, or 
foreign state ,- nor shall the United States in congress 
assembled, or any of them, grant any title of nobility. 

§ 2. No two or more states shall enter into any treaty, 
confederation or alliance whatever, between them, with- 
out the consent of the United States in congress as- 
sembled, specifying accurately the purposes for which 
the same is to be entered into, and how long it shall 
continue. 



THE UNITED STATES OF AMERICA. 631 



UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



§ 3. No state shall lay any imposts or duties which The con- 
may interfere with any stipulations in treaties entered Phi i adel . 
into by the United States, in congress assembled, with phia, 1776. 

J <• Imposts, 

any king, prince, or state, in pursuance of any treaties duties, &c. 
already proposed by congress to the courts of France 
and Spain. 

§ 4. No vessels of war shall be kept up in time of 
peace by any state, except such number only as shall 
be deemed necessary by the United States in congress 
assembled, for the defence of such state, or its trade ; 
nor shall any body of forces be kept up by any state, in 
time of peace, except such number only as, in the judg- Vessels of 
ment of the United States in congress assembled, shall mil r itary 
be deemed requisite to garrison the forts necessary for forces, 
the defence of such state ; but every state shall always 
keep up a well regulated and disciplined militia, suffi- 
ciently armed and accoutred, and shall provide and 
constantly have ready for use, in public stores", a due 
number of field-pieces and tents, and a proper quantity 
of arms, ammunition, and camp equipage. 

§5. No state shall engage in any war without the War. 
consent of the United States in congress assembled, 
unless such state be actually invaded by enemies, or 
shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such state, 
and the danger is so imminent as not to admit of delay 
till the United States in congress assembled can be con- 
sulted ; nor shall any state grant commissions to any 
ships or vessels of war, nor letters of marque or repri- 
sal, except it be after a declaration of war by the Uni- 
ted States in congress assembled, and then only against 
the kingdom or state, and the subjects thereof, against 
which war has been so declared, and under such regu- 
lations as shall be established by the United States in 
congress assembled ; unless such state be infested by 
pirates, in which case vessels of war may be fitted out 
for that occasion, and kept so long as the danger shall 



632 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union ok the colonies 

The con- continue, or until the United States in congress assem- 
PhUadel- ^led shall determine otherwise. 

phia, 1776. Art. 7. When land forces are raised by any state for 
confedera- ^ ie common defence, all officers of or under the rank 
tion adopt- f colonel, shall be appointed by the legislature of each 
17th. state respectively by whom such forces shall be raised, 
Land r in such manner as such state shall direct, and all 
officered, vacancies shall be filled up by the state which first made 

the appointment. 
Expenses Art. 8. All charges of war, and all other expenses 
how tobe C * nat sna ^ ^e hicurred for the common defence or gen- 
levied, eral welfare, and allowed by the United States in con- 
gress assembled, shall be defrayed out of a common 
treasury, which shall be supplied by the several states, 
in proportion to the value of all land within each state, 
granted to or surveyed for any person, as such land and 
the buildings and improvements thereon shall be esti- 
mated, according to such mode as the United States in 
congress assembled shall, from time to time, direct and 
appoint. The taxes for paying that proportion shall be 
laid and levied by the authority and direction of the 
legislatures of the several states within the time agreed 
upon by the United States in congress assembled. 
Powers of Art. 9. § 1. The United States in congress assem- 
the con- t^^ gua ]i i iave t j ie so i e an( j exclusive right and power 

gress, and . 

restrictions of determining on peace and war, except in the cases 
states? mentioned in the sixth article ; of sending and receiv- 
ing ambassadors ; entering into treaties and alliances ; 
provided that no treaty of commerce shall be made, 
whereby the legislative power of the respective states 
shall be restrained from imposing such imposts and 
duties on foreigners, as their own people are sub- 
jected to, or from prohibiting the exportation or import- 
ation of any species of goods or commodities whatso- 
ever ; of establishing rules for deciding in all cases 
what captures on land or water shall be legal ; and in 
what manner prizes taken by land or naval forces in 
the service of the United States shall be divided or ap- 



THE UNITED STATES OP AMERICA. 633 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

propriated ; of granting letters of marque and reprisal The con- 
in times of peace ; appointing courts for the trial of fhiiadel- 
piracies and felonies committed on the high seas ; and P uia > l ^ 76 - 
establishing courts for receiving and determining finally CO nfedera- 
appcals in all cases of captures ; provided that no mem- tion adopt- 
her of congress shall be appointed a judge of any of 
the said courts. 

§ 2. The United States in congress assembled, shall 
also be the last resort on appeal in all disputes and dif- 
ferences now subsisting, or that hereafter may arise 
between two or more states concerning boundary, juris- 
diction, or any other cause whatever ; which authority 
shall always be exercised in the manner following : 
"Whenever the legislative or executive authority or law 
ful agent of any state in controversy with another, 
shall present a petition to congress, stating the matter 
in question, and praying for a hearing, notice thereof 
shall be given by order of congress to the legislative or 
executive authority of the other state in controversy, 
and a clay assigned for the appearance of the parties by Congress 
their lawful agents, who shall then be directed to ao- acour 1 t . of 

. l appeal in 

point, by joint consent, commissioners or judges to con- the last re- 
stitute a court for hearing and determining the matter sort " 
in question ; but if they cannot agree, congress shall 
name three persons out of each of the United States, 
and from the list of such persons each party shall alter- 
nately strike out one, the petitioners beginning, until 
the number shall be reduced to thirteen ; and from 
that number not less than seven, nor more than nine, 
names, as congress shall direct, shall, in the presence 
of congress, be drawn out by lot; and the persons 
whose names shall be so drawn, or any five of them, 
shall be commissioners or judges, to hear and finally 
determine the controversy, so always as a major part 
of the judges who shall hear the cause, shall agree in 
the determination : and if either party shall neglect to 
attend at the day appointed, without showing reasons 
which congress shall judge sufficient, or being present; 



634 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union oe the colonies 

The con- shall refuse to strike, the congress shall proceed to 
pwiadei- nommate three persons out of each state, and the sec- 
phia, 1776. retary of congress shall strike in behalf of such party 
^nfedera^ a ^ seu * or refusing ; and the judgment and sentence of 
tion adopt- the court, to be appointed in the manner before pre- 
' scribed, shall be final and conclusive ; and if any of the 
parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the 
court shall nevertheless proceed to pronounce sentence, 
or judgment, which shall in like manner be final and 
decisive ; the judgment or sentence and other proceed- 
ings being in either case transmitted to congress, and 
lodged among the acts of congress, for the security of 
the parties concerned : provided, that every commis- 
sioner, before he sits in judgment, shall take an oath, 
to be administered by one of the judges of the supreme 
or superior court of the state where the cause shall be 
tried, " well and truly to hear and determine the mat- 
ter in question, according to the best of his judgment 
without favor, affection, or hope of reward." Pro- 
vided, also, that no state shall be deprived of territory 
for the benefit of the United States. 

§ 3. All controversies concerning the private right 
of soil claimed under different grants of two or more 
states, whose jurisdiction, as they may respect such 
Jurisdic- lands and the states which passed such grants are ad- 
con^rcss jested, the said grants of either of them being at the 
as to right same time claimed to have originated antecedent to 
such settlement of jurisdiction, shall, on the petition 
of either party to the congress of the United States, be 
fully determined, as near as may be, in the same man- 
ner as is before prescribed for deciding disputes respect- 
ing territorial jurisdiction between different states. 
Value of § 4. The United States in congress assembled, shall 
Weights a ^ s0 nave the sole and exclusive right and power of 
and meas- regulating the alloy and value of coin struck by their 
own authority, or by that of the respective states ; fix- 
ing the standard of weights and measures throughout 



THE UNITED STATES OF AMERICA. 635 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

the United States ; regulating the trade, and managing The con- 
all affairs with the Indians, not members of any of the p^dd- 
states ; provided that the legislative right of any state, phia, 1776. 
within its own limits, be not infringed or violated ; ^jj^ 
establishing and regulating post-offices from one state tion adopt- 
to another, throughout all the United States, and 
exacting such postage on the papers passing through 
the same, as may be requisite to defray the expenses of 
the said office ; appointing all officers of the land forces 
in the service of the United States, excepting regi-Army, 
mental officers ; appointing all the officers of the naval ffi ce j & Ci 
forces, and commissioning all officers whatever in the 
service of the United States : making rules for the 
government and regulation of the said land and naval 
forces, and directing their operations. 

$ 5. The United States in congress assembled, shall Commit- 
i , • • • , . A . xi tee of the 

nave authority to appoint a committee to sit in the states. 

recess of congress, to be denominated "A Committee 

of the States," and to consist of one delegate from each 

state : and to appoint such other committees and civil 

officers as may be necessary for managing the general 

affairs of the United States under their direction ; to 

appoint one of their number to preside ; provided that 

no person be allowed to serve in the office of president 

more than one year in any term of three years ; to j tg j ur j s . 

ascertain the necessary sums of money to be raised for diction and 

dowgts 

the service of the United States, and to appropriate 
and apply the same for defraying the public expenses ; 
to borrow money or remit bills on the credit of the 
United States, transmitting every half year to the 
respective states an account of the sums of money so 
borrowed or remitted ; to build and equip a navy ; to 
agree upon the number of land forces, and to make 
requisitions from each state for its quota, in proportion 
to the number of white inhabitants in such state, which 
requisition shall be binding ; and thereupon the legis- 
lature of each state shall appoint the regimental offi- 
cers, raise the men, clothe, arm, and equip them, in a 



G36 THE GOVERNMENTAL HISTORY OP 

Tart IV. the revolutionary union of the colonies. 

The con- soldier-like manner, at the expense of the United 
PWkdd- States ; and the officers and men so clothed, armed and 
phia, 1776. equipped, shall march to the place appointed, and 
coiiitdcin- w i tnm tne time agreed on by the United States in con- 
tkm adopt- gress assembled; but if the United States in congress 
' assembled shall, on consideration of circumstances, 
judge proper that any state should not raise men, or 
should raise a smaller number than its quota, and that 
any other state should raise a greater number of men 
than the quota thereof, such extra number shall be 
raised, officered, clothed, armed and equipped in the 
same manner as the quota of such state, unless the 
legislature of such state shall judge that such extra 
number cannot be safely spared out the same, in which 
case they shall raise, officer, clothe, arm, and equip, as 
many of such extra number as they judge can be safely 
spared, and the officers and men so clothed, armed, 
and equipped, shall march to the place appointed, and 
within the time agreed on by the United States in con- 
gress assembled. 
Powers by k q. The United States in congress assembled shall 

consent of . , , , , c , 

nine states, never engage in a war, nor grant letters 01 marque and 
reprisal in time of peace, nor enter into any treaties or 
alliances, nor coin money, nor regulate the value 
thereof, nor ascertain the sums and expenses necessary 
for the defence and welfare of the United States, or 
any of them, nor emit bills, nor borrow money on the 
credit of the United States, nor appropriate money, 
nor agree upon the number of vessels of war to be 
built or purchased, or the number of land or sea forces 
to be raised, nor appoint a commander-in-chief of the 
army or navy, unless nine states assent to the same ; 

Majority nor shall a question on any other point, except for ad- 

of votes to j ourn i n g f r om day to day, be determined, unless by 
the votes of a majority of the United States in congress 
assembled. 

Adjourn- * 7 T j con gress of the United States shall have 

ment of y ° . . A , 

congress, power to adjourn to any time within the year, ana to 



THE UNITED STATES OF AMERICA. 637 



UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

any place within the United States, so that no period The con- 
of adjournment be for a longer duration than the space pj^cU 
of six months ; and shall publish the journal of their phia, 1T76. 
proceedings monthly, except such parts thereof re- Arti „ cles of 

t . . ... .,. confedera- 

latmg to treaties, alliances, or military operations, as tion adopt- 
in their judgment require secrecy; and the yeas and^ t ^ ov ' 
nays of the delegates of each state, on any question, 
shall be entered on the journal, when it is desired by 
any delegate ; and the delegates of a state, or any of 
them, at his or their request, shall be furnished with a 
transcript of the said journal, except such parts as are 
above excepted, to lay before the legislature of the sev- 
eral states. 

Art. 10. The committee of the states, or any nine Further 
of them, shall be authorized to execute, in the recess f. owt ' rs t0 

' the eonini. 

of congress, such of the powers of congress as the of the 
United States, in congress assembled, by the consent" 1 
of nine states, shall, from time to time, think expedient 
to vest them with ; provided that no power be delegated 
to the said committee, for the exercise of which, by 
the articles of confederation, the voice of nine states, 
in the congress of the United States assembled, is 
requisite. 

Art. 11. Canada acceding to this confederation, Admission 
and joining in the measures of the United States, shall of Canada 

. and other 

be admitted into and entitled to all the advantages of colonies, 
this union : But no other colony shall be admitted 
into the same, unless such admission be agreed to by 
nine states. 

Art. 12. All bills of credit emitted, moneys bor- Public 
rowed, and debts contracted, by or under the authority \^„ ed 
of congress, before the assembling of the United States, t0 b ™* of 

credit 

in pursuance of the present confederation, shall be 
deemed and considered as a charge against the United 
States, for payment and satisfaction whereof the said 
United States and the public faith are hereby solemnly 

pledged. Supremacy 

Art. 13. Every state shall abide by the determina- °relT' 



638 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The con- tion of the United States in congress assembled, in all 

Phlladcl- questions which, by this confederation, are submitted 

phia, 1776. to them. And the articles of this confederation shall 

Duration be inviolably observed by every state, and the union 

federation! slia ^ b e perpetual: nor shall any alteration at any 

time hereafter be made in any of them, unless such 

alteration be agreed to in a congress of the United 

States, and be afterwards confirmed by the legislature 

of every state." 

Reference It was then further provided, that "These articles 

ciesto"' 1 " sha11 be proposed to the legislatures of all the United 

the states. States, to be considered, and if approved of by them, 

they are advised to authorize their delegates to ratify 

the same in the congress of the United States ; which 

being done, the same shall become conclusive." 

Whereupon, " the committee appointed to revise and 

arrange the articles were ordered, to have three hund- 

o/con" alS rec * c °pi es printed and lodged with the secretary, to be 

gress. subject to the future order of congress."* 

Immediately after the adoption of the Articles of Con- 
federation, a committee was appointed by the congress 
to prepare a circular letter to accompany them, a draft 
of which was reported on the seventeenth day of the 
same month, and adopted, as follows, viz. : 

Circular "In Congress, York-Town^ Nov. 17, 1776. 

the con- " Congress having agreed upon a plan of confederacy 
gress to the f or securing the freedom, sovereignty and independence 
Nov. nth. of the United States, authentic copies are now trans- 
mitted for the consideration of the respective legisla- 

Causesof tures. 

delay in « Tlns business, equally intricate and important, has, 

preparing ' * •> . 

thearticies. in its progress, been attended with uncommon embar- 



f During the month of September, the president of congress received 
a letter from Colonel Hamilton, then one of General Washington's aids, 
intimating the approach of the royal army, and the necessity of remov- 
ing the congress immediately from Philadelphia ; whereupon the mem- 
bers left the city and repaired to Lancaster, and thence to York-Town. 



THE UNITED STATES OF AMERICA. 639 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

rassinents and delay, which the most anxious solicitude Circular 
and persevering diligence could not prevent. To form t ^ e te c r n_ 
a permanent union, accommodated to the opinions andgresstotho 
wishes of the delegates of so many states, differing in upon tne 
habits, produce, commerce, and internal police, W as artl ^ sof 
found to be a work which nothing but time and refiec-tiou, Nor. 
tion, conspiring with a disposition to conciliate, could ' 
mature and accomplish. 

"Hardly is it to be expected that any plan, in the Character 
variety of provisions essential to our union, should epan# 
exactly correspond with the maxims and political views 
of every particular state. Let it be remarked that 
after the most careful inquiry and the fullest informa- 
tion, this is proposed as the best which could be adapted 
to the circumstances of all ; and as that alone, which 
affords any tolerable prospect of general ratification. 

"Permit us then earnestly to recommend the articles Recom- 
to the immediate and dispassionate attention of the ™ e t ^ atl0Q 
legislatures of the respective states. Let them be can- states, 
didly reviewed under a sense of the difficulty of com- 
bining in one general system the various sentiments 
and interests of a continent divided into so many sov- 
ereign and independent communities, under a convic- 
tion of the absolute necessity of uniting all our coun- 
cils and all our strength to maintain and defend our 
common liberties : Let them be examined with a lib- Urging 
erality becoming brethren and fellow-citizens surround- j^jJ^V 
ed by the same eminent dangers, contending for the amination. 
same illustrious prize, and deeply interested in being 
forever bound and connected together by ties the most 
intimate and indissoluble : And, finally, let them be 
adjusted with the temper and management of wise and 
patriotic legislators, who, while they are concerned for 
the prosperity of their own more immediate circle, are 
capable of rising superior to local attachments when 
they may be incompatible with the safety, happiness, 
and glory, of the general confederacy. Further 

"We have reason to regret the time which has voidable. 



640 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



Circular 
letter of 
the con- 
gress to the 
colonies 
upon the 
articles of 
confedera- 
tion, Nov. 
17th, 1116. 

Import- 
ance of its 
ratifica- 
tion. 



Its neces- 
sity and 
urgency. 



Recogni- 
tion of 
Provi- 
dence. 

To the ex- 
ecutive and 
legislatures 
of the 
Btates. 



Copies or- 
dered for 
the states. 

To be 
translated 
into 
French. 

Address to 
Canada. 



elapsed in preparing this plan for consideration ; with 
additional solicitude we look forward to that which 
must be necessarily spent before it can be ratified. 
Every motive loudly calls upon us to hasten its con- 
clusion. 

"More than any other consideration, it will confound 
our foreign enemies, defeat the flagitious practices of 
the disaffected, strengthen and confirm our friends, 
support our public credit, restore the value of our 
money, enable us to maintain our fleets and armies, 
and add weight and respect to our councils at home 
and our treaties abroad. 

"In short, this salutary measure can no longer be 
deferred. It seems essential to our very existence as 
a free people, and without it we may be constrained to 
bid adieu to independence, to liberty, and safety — bless- 
ings which, from the justice of our cause, and the favor 
of our Almighty Creator visibly manifested in our pro- 
tection, we have reason to expect ; if, in an humble 
dependence on his Divine Providence, we strenuously 
exert the means which are placed in our power. 

"To conclude, if the legislature of any state shall 
not be assembled, congress recommend to the execu- 
tive authority to convene it, without delay ; and to 
each respective legislature it is recommended to invest 
its delegates with competent powers ultimately, in the 
name and behalf of the state, to subscribe articles of 
confederation and perpetual union of the United States ; 
and to attend congress for that purpose on or before 
the day of ." 

Whereupon it was " Ordered, that thirteen copies be 
made out and signed by the president, and forwarded 
to the several states, with copies of the confederation." 

On the twenty-ninth day of November, congress fur- 
ther "Resolved, that a committee of three be appointed 
to procure a translation to be made of the articles of 
confederation into the French language, and to report 
an address to the inhabitants of Canada, &c, &c." 



THE UNITED STATES OF AMERICA. 641 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

While the states are deliberating upon the articles Treaties of 
of confederation, we find the congress engaged in mat- & c iai ^h 
tcrs quite as interesting and important, bearing with France, 
equally material and lasting relations upon our govern- 
mental history. Next to their own union, nothing 
could be more important to them than the recognition 
of their national existence by foreign powers. And 
when, in the month of September, 1776, .Bew/ «mm The com- 
Franklin, Silas Deane and Arthur Lee were secretly mi ? S101 ) a P" 

. . -, , . pointed to 

commissioned by the congress plenipotentiaries to the negotiate 
court of France, to negotiate a treaty of alliance and wHh lhance 
friendship with that power, they ventured upon an France i 
experiment necessary indeed, but still of critical and 
momentous interest to themselves not only, but also to 
all mankind. It was therefore with peculiar anxiety 
that they awaited the result of that mission. 

Harassed by the perplexities of legislation necessary General 
to provide for the deficiencies of an embarrassed treas- c " n( !i tl . on 

r 01 affairs 

ury, to meet the wants of restless and desponding in the 
officers and troops, to guard against the strategy of a con S ress - 
wily and inveterate foe ; uncertain and disturbed in 
their sessions ; with the bond of union between them- 
selves yet in painful doubt ; the congress adjourned on 
Saturday, the second day of May, 1778, "to ten 
o'clock on Monday ; " coveting and welcoming, as 
thousands have done before and since, the repose and 
refreshing of the intervening Sabbath. 

During this adjournment, Mr. Simeon Deane, brother Arrival of 
of Silas Deane, Esquire, one of the commissioners at s P ec * al dis " 
the court of Versailles, arrived express from France, from 
with sundry important despatches; whereupon con- ^"2% 
gross was convened, and the despatches opened and ^8. 
read. Among them was found an Act Separate and^^fd 
Secret, a treaty of Amity and Commerce, and a treaty and dis- 
of Alliance, concluded "between his most Christian ^4 
Majesty, the King of France, and the United States Treaties 
of America, on the sixth day of February, 1778." enclosed. 

This was the most brilliant and cheering ray of 
41 



042 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



Treaties 
of alliance 
with 
France, 
1778. 



Effect of. 



Resolu- 
tions of 
ratifica- 
tion. 



Resolution 
of thanks 
upon. 



promise which had yet dawned upon the militant 
fathers of freedom in America. It illumined the whole 
continent. It inspirited the congress, the colonies, the 
army, and the people, with new and more vigorous 
hope and energy, and had also a quickening influence 
upon the fate of the confederation. Indeed, so over- 
joyed was the congress at their reception, that they 
took them into consideration Monday, May fourth, at 
ten o'clock, A.M., and heard them read; then adjourned 
to three o'clock in the afternoon, when they met again 
and " resumed the consideration of the Treaty of Amity 
and Commerce ; and the same being read, duly weighed 
and considered, it was 

" Resolved unanimously, That the same be and here- 
by is ratified." 

They then took into consideration the Treaty of Alli- 
ance ; and the same being read, duly weighed and 
considered, 

" Resolved unanimously, That the same be and here- 
by is ratified." 

They then took into consideration the Act Separate 
and Secret ; and the same being duly weighed and con- 
sidered, 

" Resolved unanimously, That the same be and here- 
by is ratified." Also, 

"Resolved, That this congress entertain the highest 
sense of the magnanimity and wisdom of his Most 
Christian Majesty, so strongly exemplified in the Treaty 
of Amity and Commerce, and the Treaty of Alliance, 
entered into on the part of his Most Christian Majesty, 
with these United States, at Paris, on the 6th day of 
February last; and the commissioners or any of them 
representing these states, at the Court of France, are 
directed to present the grateful acknowledgments of 
this congress to his Most Christian Majesty, for his truly 
magnanimous conduct, respecting these states, in the 
said generous and disinterested treaties; and to assure 
his Majesty, on the part of this congress, it is sincerely 



THE UNITED STATES OP AMERICA. 643 

UNDER THE DECLARATION OF INDEPENDENCE PART IV. 

wished that the friendship so happily commenced, be- Treaties of 
tween France and these United States, may be per- ^'^^ 
petual." prance. e 

-i-» m, • nit • a j Action of 

"Resolved, That a committee of three be appointed congress 
to prepare the form of a ratification of the foregoing Jf^iSs 7 
Treaties." 

The members appointed on this committee were, Mr. Committee 

R. H. Lee, Mr. Dana, and Mr. Drayton ; who reported o n p t he e< 

a draft the next day, which was read and adopted as ratifica- 
, n . " r tion. 

follows, viz. : 

" The Congress of the United States of New Hamp- Form of 
shire; Massachusetts Bay; Rhode Island and Provi-™p ^ on 
dence Plantations ; Connecticut ; New York ; New and adopt- 
Jersey ; Pennsylvania ; Delaware ; Maryland ; Virginia ; 4th. 
North Carolina; South Carolina; and Georgia; by the 
grace of God, Sovereign, Free and Independent; to all 
who shall see these presents, Greeting. 

"Whereas, in and by our commission, dated at Phila- 
delphia, the thirtieth day of September, in the year of our 
Lord one thousand seven hundred and seventy-six; 
Benjamin Franklin, one of the delegates in congress 
from the state of Pennsylvania, and president of the 
convention of the said state; Silas Deane, late a 
delegate from the state of Connecticut ; and Arthur Lee, 
barrister at law; were nominated and appointed our 
commissioners, with full powers to treat, agree, and 
conclude with his most Christian Majesty, the king of 
France ; or with such persons as should be by him for 
that purpose authorized, of and upon a true and sincere 
friendship, and a firm, inviolable, and universal peace, 
for the defence, protection, and safety of the navigation 
and mutual commerce of the subjects of his most Chris- 
tian Majesty and the people of the United States, we, 
promising in good faith to ratify whatsoever our said 
commissioners should transact in the premises; And 
whereas our said commissioners in pursuance of their 
full powers, on the sixth day of February last, at Paris, 
with Conrad Alexander Gerard, royal syndic of the 



644 THE GOVERNMENTAL HISTORY OF 

PART IV. THE REVOLUTIONARY UNION OF THE COLONIES 

Treaties of city of Strasburg, secretary of his most Christian Majes- 
&c. a with ty's Council of State ; by virtue of powers plenipoten- 
France, tiary to him granted by his most Christian Majesty, and 
dated the 30th day of January, in the year of our Lord 
one thousand seven hundred and seventy-eight, did con- 
clude and sign, on the part of the crown of France, 
and of the United States of America, a (Treaty of 
Amity and Commerce, or Treaty of Alliance, or Act 
Separate and Secret,) in the following words (here 
inserting the respective Treaties, verbatim, French and 
English.) 

"Now know ye, that We, the said congress, have 
„ unanimously ratified and confirmed, and by these pres- 
ratification ents do ratify and confirm the said treaty and every 
Sfe P on- by P ar *» ar t-icle an d clause thereof, on our part concluded 
gress, May and signed as aforesaid; and further, do authorize and 
direct our commissioners at the court of France, or any 
of them, to deliver this our act of ratification in .ex- 
change for the ratification of the said treaty, on the 
part of his most Christian Majesty, the king of France 
and Navarre. 

" Done in Congress, at York Town, in the State of 

Pennsylvania, this 4th day of May, in the year of our 

Lord one thousand seven hundred and seventy-eight. 

In testimony ivhereof, the president, by order of the 

said congress, hath hereunto subscribed his name and 

affixed his seal. * * * * President, [l. s.] 

Attest, * * * Secretary." 

Copies or- Whereupon six copies of the treaties, with the rati- 

transmi°t- be fixation agreed to, were ordered to be made out and 

ted to transmitted by the Committee for Foreign affairs to the 

FmncG 

commissioners of the United States at the court of 
France, by different conveyances. The committee, ap- 
pointed to prepare the form of ratification were then 
further instructed to prepare " a proper publication on 
the present occasion." 
Fubiica- This publication commenced with a recital of the fact 

tion of the „ , . . „,, -in -, 

fact. of the reception ot the treaties by the congress, and 



THE UNITED STATES OP AMERICA. 645 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



their action upon them, suggests resolutions providing 
for their faithful performance, and recommends " to all 
the inhabitants of these states to consider the subjects 
of" his Most Christian Majesty as their brethren and 
allies ; and that they behave towards them with the 
friendship and attention due to the subjects of a great 
prince, who, with the highest magnanimity and wisdom, 
hath treated with these United States on terms of per- 
fect equality and mutual advantage, thereby rendering 
himself the protector of the rights of mankind."* of £"™ a 
f The Treaty of Amity and Commerce was as follows, gress. 
to wit : 

Treaty op Amity and Commerce. 
" The Most Christian King and the thirteen United The treaty 
States of North America, viz. : — (naming them,) willing and™om- 
to fix, on an equitable and permanent manner, the rule mercewith 
which ought to be followed relative to the correspond- Feb., 1778. 
ence and commerce which the two parties desire to 
establish between their respective countries, states and 
subjects ; his Most Christian Majesty and the said United 
States have judged that the said end could not be better 
attained that by taking for the basis of their agreement Basis of 
the most perfect equality and reciprocity, and by care- JJj^Jf ree " 
fully avoiding all those burthensome preferences which 
are usually sources of debate, embarrassment, and dis- 
content; by leaving also each party at liberty to make, 
respecting navigation and commerce, those interior 
regulations which it shall find most convenient to itself; 
and by founding the advantage of commerce solely 
upon reciprocal utility and the just rules of free inter- 
course ; reserving withal, to each party, the liberty of 
admitting at its pleasure other nations to a participation 
of the same advantages. It is in the spirit of this inten- 
tion, and to fulfill these views, that his said majesty, 
having named and appointed for his plenipotentiary ^^P?" 

f The Treaties were not made public at this time, but I insert them in 
this connection to preserve the chronological arrangement. 



646 THE GOVERNMENTAL HTSTORY OP 

Part IV. the revolutionary union of the colonies 

The treaty Conrad Alexander Girard, royal syndic of the city of 
and com- Strasburg, secretary of His Majesty's Council of State ; 
merce with an d the United States, on their part, having fully em- 
Feb., 17 78. powered Benjamin Franklin, deputy from the state of 
Pennsylvania to the general congress, and president of 
the convention of said state ; Silas Deane, late deputy 
from the state of Connecticut, to the said congress ; and 
Arthur Lee, counsellor at law; the said respective 
Plenipotentiaries, after exchanging their powers, and 
after mature deliberation, have concluded and agreed 
upon the following Articles: 
The com- " Art. 1. There shall be a firm, inviolable, and uni- 
amity° versal peace, and a true and sincere friendship, between 
the Most Christian King, his heirs and successors, and 
the United States of America ; and the subjects of the 
most christian king and of the said states ; and be- 
tween the countries, islands, cities, and towns, situate 
under the jurisdiction of the most christian king, and 
of the said United States, and the people and inhabit- 
ants of every degree without exception of persons or 
places ; and the terms hereinafter mentioned, shall be 
perpetual between the most christian king, his heirs 
and successors, and the said United States. 
Commerce " Art. 2. The most christian king and the United 
othe^na- States engage mutually not to grant any particular favor 
tions. to other nations in respect to navigation and com- 
merce, which shall not immediately become common to 
the other party, who shall enjoy the same favor freely, 
if the concession was freely made, or on allowing the 
same compensation if the concession was conditional. 
Imposts "Art. 3. The subjects of the most christian king shall 
nitfe™™"* P a 7 m tne P orts > havens, roads, countries, islands, cities, 
French or towns of the United States, or any of them, no 
America, other or greater duties or imposts, of what nature 
soever they may be, or by what name soever called, 
than those which the nations most favored are, or shall 
be, obliged to pay : And they shall enjoy all the rights, 
liberties, privileges, immunities, and exceptions in 



THE UNITED STATES OP AMEKICA. 647 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

trade, navigation, and commerce, whether in passing The treaty 
from one port in the said states to another, or in going andcom- 
to and from the same from and to any part of the merce with 
world, which the said nations do, or shall, enjoy. Feb. ills. 

"Art. 4. The subjects, people, and inhabitants, of imposts 
the said United States, and each of them, shall not pay mt i e3 f 
in the ports, havens, roads, isles, cities, and places Americans 
under the dominion of his most christian majesty, in French do- 
Europe, any other or greater duties or imposts, of what mml0us ' 
nature soever they may be, or by what name soever 
called, than those which the most favored nations are, 
or shall be, obliged to pay ; and they shall enjoy all the 
rights, liberties, privileges, immunities, and exemptions, 
in trade, navigation, and commerce, whether in passing 
from one port in the said dominions in Europe to 
another, or in going to and from the same from or to 
any part of the world, which the said nations do, or 
shall, enjoy. 

" Art. 5. In the above exemption is particularly com- Particular 
prised the imposition of one hundred sous per ton tion. 
established in France, on foreign ships, unless when 
the ships of the United States shall load with the mer- 
chandize of France for another port of the same domin- 
ion, in which case the said ships shall pay the duty 
above mentioned, so long as other nations the most 
favored shall be obliged to pay it ; but it is understood 
that the said United States, or any of them, are at lib- 
erty, when they shall judge it proper, to establish a 
duty equivalent in the same case. 

" Art. 6. The most christian king shall endeavor, by France to 
all the means in his power, to protect and defend all vessels and 
vessels, and the effects, belonging to the subjects, peo- property of 
pie or inhabitants of the said United States, or any of citizens, 
them, being in his ports, havens, or roads, or on the 
seas near to his countries, islands, cities, or towns, and 
to recover and restore to the right owners, their agents, 
or attornies, all such vessels and effects which shall be 
taken within his jurisdiction ; and the ships of war of 



648 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies. 

The treaty hi s m0 st christian majesty, or any convoy sailing under 
and com- his authority, shall upon all occasions take under their 
merce with protection all vessels belonging to the subjects, people, 
Feb. 1778. or inhabitants, of the said United States, or any of them, 
and holding the same course or going the same way ; 
and shall defend such vessels as long as they hold the 
same course, or go the same way, against all attacks, 
force, or violence, in the same manner as they ought 
to protect and defend the vessels belonging to the sub- 
jects of the most christian king. 
The U.S.A. "Art. 7. In like manner the said United States, and 
French their ships of war, sailing under their authority, shall pro- 
vessel8 > &c - tect and defend conformably to the tenor of the pre- 
ceding article, all the vessels and effects belonging to 
the subjects of the most christian king, and use all their 
endeavors to recover and cause to be restored the said 
vessels and effects that shall have been taken within the 
jurisdiction of the said United States or any of them. 
France to "Art. 8. The most christian king will employ his 
other for- good offices and interposition, with the king or emperor 
eign alii- f Morocco or Fez, the regencies of Algiers, Tunis, and 

ances with ' ° . 

the U.S. A. Tripoli, or with any of them, and also with every other 
prince, state or power, of the coasts of Barbary in 
Africa, and with the subjects of the said king, emperor, 
states and powers, and each of them, their subjects, 
people, and inhabitants, and their vessels and effects, 
against all violence, insults, attacks, or depredations, 
on the part of the said princes, and states of Barbary, 
or their subjects. * 

R ulati n J ^ RT - ^' ^ ie su fyects, inhabitants, merchants, com- 
of fisheries, man ders of ships, masters and marines of the states, 
provinces, and dominions, of each party respectively, 
shall abstain and forbear to fish in all places possessed, 
or which shall be possessed, by the other party. The 
most christian king's subjects, shall not fish in the^ 
havens, bays, creeks, roads, coasts, or places, which the 
said United States hold, or shall hereafter hold: And 
in like manner the subjects, people, and inhabitants, of 



THE UNITED STATES OF AMERICA. 649 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV" 

the said United States shall not fish in the havens, bays, The treaty 
creeks, roads, coasts or places, which the most chris- ot 1 anu *y 

I ' A ' and com- 

tian king possesses, or shall hereafter possess; and if mercc with 
any ship or vessel shall be found fishing contrary to F ^ nc ^ 78 
the tenor of this treaty, the said ship or vessel, with its 
lading, proof being made thereof, shall be confiscated. 
It is, however, understood that the exclusion stipulated 
in the present article, shall take place only so long and 
so far as the most christian king, or the United States, 
shall not, in this respect, have granted an exemption to 
some other nation. 

"Art. 10. The United States, their citizens and m- Fisheries 
habitants, shall never disturb the subjects of the most Bank of 
christian king in the enjoyment and exercise of the Newfound- 
right of fishing on the Banks of Newfoundland ; nor 
in the indefinite and exclusive right which belongs to 
them on that part of the coast of that island, which is 
designed by the Treaty of Utrecht ; nor in the rights 
relative to all and each of the isles which belong to his 
most christian majesty, the whole conformable to the 
true sense of the treaties of Utrecht and Paris. 

("Art. 11th and 12th were suppressed by mutual 
agreement of the contracting parties, Sept. 1778, and 
were not made public.) 

• "Art. 13. The subjects and inhabitants of the said American 
United States, or any one of them, shall not be reputed exempted 
aubenes in France, and consequently shall be exempted from tl J e 
from the droit d' aubene, or other similar duty under bene. 
what nanie soever ; they may by testament, donation, 
or otherwise, dispose of their goods movable and im- 
movable, in favor of such persons as to them shall seem 
good, and their heirs, subjects of the said United States, 
residing whether in France, or elsewhere, may succeed 
them, ab intestat, without being obliged to obtain let- 
ters of naturalization, and without having the effects 
of this concession contested or impeded under pretext 
of any rights or prerogatives of provinces, cities, or 
private persons ; and the said heirs, whether such by 



650 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies, 

The treaty particular title or ab intestat, shall be exempt from all 
and com- duty called droit de' detraction, or other duty of the 
merce with same kind; saving' nevertheless the local rights or 
Feb. 1778. duties, as much, and as long as similar ones are not 
Also from established by the United States, or by any of them. 
de' detrac- The subjects of the most christian king shall enjoy on 
tion - their part, in all the dominions of the said states, an 

emptkms en ^ rQ au( l perfect reciprocity relative to the stipulations 
reciprocal, contained in the present article. But it is agreed, at 
the same time, that its contents shall not affect the 
laws made, or that may be made hereafter, in France, 
against emigrations ; which shall remain in all their 
Limitation force and rigor, and the United States on their part, or 
article. an ^ °^ them shall he at liberty to enact such laws rela- 
tive to that matter as to them shall seem proper. 
Merchant " Art. 14. Tlie merchant ships of either of the par- 
pec P te(Tof ^ es, > which shall be making unto a port belonging to the 
contra- enemy of the other ally, and concerning whose voyage 
and the specific goods on board them there shall be 
just grounds of suspicion, shall be obliged to exhibit, 
as well upon the high seas as in the ports and havens, 
not only their passports, but likewise certificates, ex- 
pressly showing that their goods are not of the num- 
ber of those which have been prohibited as contraband. 
Contra- "Art. 15. If, by the exhibiting of the above said 

bands how certificates, the other party discover there are any of 
with. those sort of goods which are prohibited and declared 
contraband, and consigned for a port under the obedi- 
ence of his enemy, it shall not be lawful to break up 
the hatches of such ship, or to open any chest, coffers, 
packs, casks, or any other vessels, found therein, or to 
remove the smallest parcels of her goods, whether 
such ship belongs to the subjects of France, or the 
inhabitants of the said United States, unless the lading 
be brought on shore in the presence of the officers of 
the court of admiralty, and an inventory thereof made ; 
but there shall be no allowance to sell, exchange, or 
alienate the same in any manner, until after that due 



THE UNITED STATES OP AMERICA. 651 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

and lawful process shall have been had against such The treaty 
prohibited goods, and the court of admiralty shall, byjJdooiL 
a sentence pronounced, have confiscated the same ; meroe with 
saving always as well the ship itself, as any other goods Feb. m6. 
found therein, which by this treaty are to be esteemed 
free; neither may they be detained on pretence of bandnot 
their being as it were infected by the prohibited goods, *° contam- 
much less shall they be confiscated as lawful prize. goods. 

11 But if not the whole cargo, but only a part thereof, 
shall consist of prohibited or contraband goods, and 
the commander of the ship shall be ready and willing 
to deliver them to the captor, who has discovered 
them ; in such case the captor having received those 
goods, shall forthwith discharge the ship, and not hin- 
der her by any means, freely to prosecute the voyage 
on which she was bound ; but in case the contraband 
merchandize cannot be all received on board the ves- 
sel of the captor, then the captor may, notwithstanding 
the offer of delivering him the contraband goods, carry 
the vessel into the nearest port, agreeable to what is 
above directed. 

" Art. 16. On the contrary, it is agreed, that what- Contra, of 
ever shall be found to be laden by the subjects and fenlnau 
inhabitants of either party, on any ship belonging to enemy's 
the enemies of the other, or to their subjects, the ve 
whole, although it be not of the sort of prohibited 
goods, may be confiscated in the same manner as if it 
belonged to the enemy, except such goods and mer- 
chandize as were put on board such ship before the 
declaration of war, or even after such declaration, if so Except in 
be it were done without the knowledge of such declar- certain 
ation ; so that the goods of the subjects and people of 
either party, whether they be of the nature of such as 
were prohibited, or otherwise, which, as is aforesaid, 
were put on board any ship belonging to an enemy 
before the war, or after the declaration of the same, 
without the knowledge of it, shall no ways be liable to 
confiscation, but shall well and truly be restored with- 



652 THE GOVERNMENTAL HISTORY OP 

Part IV. THK revolutionary union of the colonies 

The treaty out delay to the proprietors demanding .the same ; but 
f mlty so as that, if the said merchandize be contraband, it 

unci com- ' 

merce with shall not be any ways lawful to carry them afterwards 
Feb. 1118. t° an y ports belonging to the enemy. The two con- 
tracting- parties agree that the term of two months 
being past after the declaration of war, their respective 
subjects, from whatever part of the world they come, 
shall not plead the ignorance mentioned in this article. 
Punish- "Art. 17. And that more effectual care may be taken 

violations f° r tne security of the subjects and inhabitants of both 
of this parties, that they suffer no injury by the men-of-war, 
or privateers, of the other party ; all the commanders 
of the ships of his most christian majesty and of the 
said United States, and all their subjects and inhabit- 
ants, shall be forbid doing any injury or damage to the 
other side ; and if they act to the contrary they shall 
be punished, and shall moreover be bound to make 
satisfaction for all matter of damage and the interest 
thereof by reparation under the pain and obligation of 
their persons and goods. 
Recap- "Art. 18. All ships and merchandize, of what nature 

sekor™ 8 * soever -> which shall be rescued out of the hands of any 
merchand- pirates or robbers on the high seas, shall be brought 
into some port of either state, and shall be delivered 
to the custody of the officers of that port in order to be 
restored entire to the true proprietor, as soon as due 
and sufficient proof shall be made concerning the prop- 
erty thereof. 
Prizes se- " Art. 19. It shall be lawful for the ships of war of 
cured to e itJ ier party, and privateers, freely to carry whither- 

the cap- s 7 A 

tors. soever they please, the ships and goods taken from 

their enemies, without being obliged to pay any duty 
to the officers of the admiralty or any other judges; 
nor shall such prizes be arrested or seized when they 
come to and enter the ports of the other party ; nor 
shall the searcher or other officers of those places 
search the same or make examination concerning the 
lawfulness of such prizes ; but they may hoist sail at 



THE UNITED STATES OF AMERICA. 653 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

any time, and depart, and carry their prizes to the The treaty 
places expressed in their commissions, which the com-° nd a ™^ 
manders of such ships of war shall be obliged to show: merce with 
On the contrary, no shelter or refu'ge shall be given in Feb., ms. 
their ports to such as shall have made prize of the sub- Contra, 
jects, people, or property of either of the parties, but 
if such shall come in, being forced by stress of weather, 
or the danger of the sea, all proper means shall be vig- 
orously used that they go out and retire from thence 
as soon as possible. 

"Art. 20. If any ship belonging 1 to either of the par- Relief to 
ties, their people, or subjects, shall, within the coasts SU bjects in 
or dominions of the other, stick upon the sands, or be distI- ess. 
wrecked, or suffer any other damage, all friendly assist- 
ance and relief shall be given to the persons ship- 
wrecked, or such as shall be in danger thereof. And 
letters of safe conduct shall be given to them for their 
free and quiet passage from thence, and the return of 
every one to his own country. 

"Art. 21. In case the subjects and inhabitants of Subjects or 
either party, with their shipping, whether public and! e ? sels . . 

. ^ dnven into 

of war, or private and of merchants, be forced through port by 
stress of weather, pursuit of pirates, or enemies, or^th° 
any other urgent necessity for seeking of shelter and 
harbour, to retreat and enter into any of the rivers, 
bays, roads, or ports, belonging to the other party, 
they shall be received and treated with all humanity 
and kindness, and enjoy all friendly protection and 
help, and they shall be permitted to refresh and pro- 
vide themselves, at reasonable rates, with victuals and 
all things needful for the sustenance of their persons, 
or reparation of their ships, and convenioncy of their 
voyage ; and they shall no ways be detained or hin- 
dered from returning out of the said ports or roads, 
but may remove and depart when and whither they 
please, without any let or hindrance. In 

" Art. 22. For the belter promoting of commerce on of war be * 
both sides, it is agreed, that if a war should break out pSes. & 



654 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The treaty between the two nations, six months after the procla- 
aridcom- mat ion °f war shall be allowed to the merchants in the 
merce with cities and towns where they live, for selling and trans- 
Feb., 1778. porting their goods and merchandizes, and if anything 
be taken from them, or any injury be done them, 
within that term by either party, or the people or sub- 
jects of either, full satisfaction shall be made for the 
same. 
Privateer- "Art. 23. No subjects of the most christian king 
ms ' shall apply for or take any commission or letters of 

marque, for arming any ship or ships to act as priva- 
teers against the said United States, or any of them, 
or against the subjects, people, or inhabitants of the 
said United States, or any of them, or against the 
property of any of the inhabitants of any of them, 
from any province or state with which the said United 
States shall be at war ; Nor shall any citizen, subject, or 
inhabitant, of the said United States, or any of them, 
apply for or take any commission or letters of marque, 
for arming any ship or ships to act as privateers against 
the subjects of the most christian king, or any of them, 
or the property of any of them, from any prince or 
state with which the said king shall be at war ; and if 
any person of either nation shall take such commis- 
sions or letters of marque, he shall be punished as a 
pirate. 
Privateer- " Art. 24. It shall not be lavrful for any foreign pri- 
in s b y the vateers, not belonging to the subjects of the most 

Slil'JCCTS 

of hostile christian king, nor citizens of the said United States, 
powers. ^^ Imve commissions from any other prince or state, 
at enmity with either nation, to fit their ships in the 
ports of either one or the other of the aforesaid par- 
ties ; to sell what they have taken, or in any other 
manner whatsoever to exchange their ships, merchand- 
izes, or any other lading : Neither shall they be allowed 
even to purchase victuals, except such as shall be ne- 
cessary for their going to the next port of that prince 
or state from which they have commissions. 



THE UNITED STATES OP AMERICA. 655 



UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

"Art. 25. It shall be lawful for all and singular the The treaty 
subjects of the most christian king, and the citizens, ^d com- 
people, and inhabitants, of the said United States, tomercewith 
sail with their ships with all manner of liberty, and Feb. 1718. 
security, no distinction being made who are the pro- Trade 
prietors of the merchandize laden thereon, from any rc f ere nce 
port to the places of those who now are or thereafter t0 * h . e 0, y. n " 

x ership of 

shall be at enmity with the most christian king, or the the cargo. 
United States. It shall likewise be lawful for the sub- 
jects and inhabitants aforesaid, to sail with the ships 
and merchandizes afore-mentioned, and to trade with 
the same liberty and security from the places, ports, 
and havens, of those who are enemies of both or either 
party, without any opposition or disturbance whatso- 
ever, not only directly from the places of the enemy 
afore-mentioned to neutral places, but also from one 
place belonging to an enemy to another place belong- 
ing to an enemy, whether they be under the jurisdic- 
tion of the same prince, or under several ; And it is Free ships 
hereby stipulated that free ships shall also give a free- ™ k , e free 
dom to goods, and that everything shall be deemed to & 
be free and exempt, which shall be found on board the 
ships belonging to the subjects of either of the con- 
federates ; although the whole lading, or any part 
thereof should appertain to the enemies of either, con- 
traband goods being always excepted. It is also agreed, And free 
in like manner, that the same liberty be extended to P ersons - 
persons who are on board a free ship, with this effect, 
that although they be enemies to both or either party, 
they are not to be taken out of that free ship unless 
they are soldiers and in actual service of the enemies. 

"Art. 26. This liberty of navigation and commerce Contra- 
shall extend to all kinds of merchandizes, excepting ban J 

. » r o goods ex- 

those only which are distinguished by the name of ceptedand 
contraband, and under this name of contraband or™™ 6 ™' 
prohibited goods, shall be comprehended arms, great 
guns, bombs with their fuses, and other things be- 
longing to them; cannon ball, gunpowder, match, 



656 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The treaty pikes, swords, lances, spears, halberds, mortars, pe- 
audcom- tar( ls, grenadoes, saltpetre, muskets, musket-ball, 
merce with bucklers, helmets, breastplates, coats of mail, and the 
Feb. 1778. like kinds of arms proper for arming soldiers, musket 
Merehan- rests, belts, horses with their furniture, and other war- 
dize not j^ e instruments whatever. Tliese merchandizes ivhich 

contra- 
band, enu- follow shall not be reckoned among contraband or pro- 

merate . ^^jted goods, that is to say ; all sorts of cloths, and all 
other manufactures woven of any wool, flax, silk, cot- 
ton, or any other materials whatever ; all kinds of wear- 
ing apparel, together with the species whereof they are 
used to be made ; gold and silver, as well coined as 
uncoined, tin, iron, latten, copper, brass, coals ; as also 
wheat and barley, and any other kind of corn and pulse, 
tobacco ; and likewise all manner of spices, salted and 
smoked flesh, salted fish, cheese and butter, beer, oils, 
wines, sugars, and all sorts of salts ; and in general, all 
provisions which serve for the nourishment of man- 
Goods not kind and the sustenance of life. Furthermore all kinds 
band™" °^ c °tton, hemp, flax, tar, pitch, ropes, cables, sails, 
sail-cloths, anchors and any parts of anchors ; also, 
ships' masts, planks, boards, and beams of what trees 
soever, and all other things proper either for building 
or repairing ships, and all other goods whatever, which 
have not been worked into the form of any instrument 
or thing prepared for war by land or sea, shall not be 
reputed contraband ; much less such as have been 
already wrought and made up for any other use ; all 
which shall be wholly reckoned among free goods, as 
likewise all other merchandizes and things which are 
not comprehended and particularly mentioned in the 
foregoing enumeration of contraband goods ; so that they 
may be transported and carried in the freest manner by 
the subjects of both confederates, even to places belong- 
ing to an enemy, such towns or places being only except- 
ed as are at that time besieged, blocked up, or invested. 
Sea letters. "Art. 27. To the end that all manner of dissensions 
and quarrels may be avoided and prevented on one side 



THE UNITED STATES OP AMERICA. 657 



UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



and the other, it is agreed, that in case either of the The treaty 
parties hereto should be engaged in war, the ships and J n d ™om- 
vessels belonging to the subjects or people of the other merce with 
ally, must be furnished with sea-letters and passports, Feb. 1778. 
expressing the name, property and bulk of the ship, as 
also the name and place of habitation of the master or 
commander of the said ship, that it may appear thereby 
that the said ship really and truly belongs to the sub- 
jects of one of the parties, which passport shall be made 
out and granted according to the form annexed to this 
treaty ; they shall likewise be recalled every year, that 
is if the ship happens to return home within the space 
of a year:. It is likewise agreed that such ships being Certifi- 
laden, are to be provided not only with passports, as car eS o°&c 
above mentioned, but also with certificates containing 
the several particulars of the cargo, the place where 
the ship sailed, and whither she is bound ; that so it 
may be known whether any forbidden or contraband 
goods be on board of the same, which certificates shall 
be made out by the officers of the place where the ship 
set sail, in the accustomed form, and if any one shall 
think it advisable to express in the said certificates the 
persons to whom the goods on board belong, he may 
freely do so. 

"Art. 28. The ships of the subjects and inhabitants Ships en- 
of either of the parties, coming upon any coast belong- ^ n ° ^ ort 
ing to either of the said allies, but not willing to enter unlading, 
into port, or being entered into port, and not willing 
to unload their cargoes, or break bulk, they shall be 
treated according to the general rules prescribed, or to 
be prescribed, relative to the object in question. 

"Art. 29. If the ships of the said subjects, people, Exhibition 
or inhabitants, of either of the parties shall be met with, of P ass " 

....... ports at 

either sailing along the coasts, or on the high seas, by sea. 
any ship of war of the other, or by any privateer, the 
said ship of war or privateer, for the avoiding any dis- 
order, shall remain out of cannon shot, and may send 
their boats on boar J the merchant ship which they shall 
42 



658 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



Goods or 
ships not 
liable to 
gearch. 



The treaty so meet with, and may enter her to the number of two 
of amity or three men only, to whom the master or commander 

a>a com- > * 

merce with of such ship or vessel shall exhibit his passport concern- 
FebTim in S tlie property of the ship, made out according to the 
Boarding form inserted in this present treaty, and the ship, when 

vessels at ghe ghall have snowed such p asS p 0rtj ghall be f ree and 

at liberty to pursue her voyage, so as it shall not .be 
lawful to molest or search her in any manner, or give 
her chase, or force her to quit her intended course. 

"Art. 30. It is also agreed, that all goods, when once 
put on board the ships or vessels of either of the two 
contracting parties, shall be subject to no further irri- 
tation, but all visitation and search shall be made be- 
fore-hand, and all prohibited goods shall be stopped on 
the spot, before the same be put on board, unless there 
are manifest tokens or proofs of fraudulent practice ; 
nor shall either the persons or goods of his most chris- 
tian majesty, or the United States, be put under any 
arrest, or molested by any other kind of embargo, for 
that cause, and only the subject of that state to whom 
the said goods have been, or shall be prohibited, and 
who shall presume to sell or alienate such sort of goods, 
shall be duly punished for the offence. 

"Art. 31. The two contracting parties grant mutually 
the liberty of having, each in the ports of the other, 
consuls, vice-consuls, agents and commissioners, whose 
functions shall be regulated by a particular agreement. 

"Art. 32. And the more to favor and facilitate the 



Nor per- 
sons to 
arrest. 



Consuls, 
&c. 



Free ports 

for the commerce which the subjects of the United States may 
U. S. A. ] iaV e with France, the most christian king will grant 
them in Europe one or more free ports, where they may 
bring and dispose of all the produce and merchandize 
of the thirteen United States, and his majesty will also 
continue to the subjects of the said states, the free 
ports which have been and are open in the French Isl- 
ands of America ; of all which free ports the said sub- 
jects of the- United States shall enjoy the use agreeable 
to the regulations which relate to them. 



THE UNITED STATES OP AMERICA. 659 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

"Art. 33. Tlie present treaty shall be ratified on both The treaty 
sides, and the ratifications shall be exchanged in the an/com- 
space of six months, or sooner if possible. mercewith 

France 

11 In faith whereof the respective Plenipotentiaries have p c b. 1778. 
signed the above articles, both in the French and Eng- Ratifica- 
lish languages, declaring nevertheless, that the present exchange 
treaty was originally composed and concluded in the of treat y- 
French language, and they have thereto affixed their 
seals. Done at Paris, this sixth day of February, 
1778. • 

C. A. Gerard, [l. s.] 
B. Franklin, [l. s.] 
Silas Deane. [l. s.] 
Arthur Lee. [l. s.] 



"Treaty op Alliance Eventual and Defensive." 

" Tlie Most Christian King and the United States of The treaty 
North America, to wit: (naming them) having this day eventual 06 
concluded a treaty of amity and commerce, for the a»d defen- 

sivG with 

reciprocal advantage of their subjects and citizens, have France, 
thought it necessary to take into consideration the Feb -> 1 ^ 8 * 
means of strengthening those engagements, and so ren- intention 
dering them useful to the safety and tranquillity of the ° r f e ^ 
two parties; particularly in case Great Britain, in re- 
sentment of that connection, and of the good corres- 
pondence which is the object of the said treaty, should 
break the peace with France, either by direct hostilities, 
or by hindering her commerce and navigation in a 
manner contrary to the rights of nations, and the peace Union 
subsisting between the two crowns: And His Majesty ^eatBrit- 
and the said United States, having resolved, in that case, ain. 
to join their councils and efforts against the enterprises 
of their common enemy, the respective Plenipotentia- 
ries empowered to concert the clauses and conditions 
proper to fulfill the said intentions, have, after the most 
mature deliberation, concluded and determined on the 
following articles : 



COO THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The treaty "Art. I. If war should break out between France 
eventual an d Great Britain, during the continuance of the pres- 
and defen- en t war between the United States and England, his 

sive with . ° 

France, Majesty and the said United States shall make it a com- 
e ., l <8. mon cause an( j a ^ eacn ther mutually with their good 

War with . J 3 , 

Great Brit- offices, their counsels, and their forces, according to the 
made°a be ex ig° nce °f conjunctures, as becomes good and faithful 

common allies. 

Itsessen- "Art. II. The essential and direct end of the pres- 
tial aim. ent defensive alliance is to maintain effectually the lib- 
erty, sovereignty, and independence, absolute and 
unlimited, of the said United States, as well in matters 
of government as of commerce. 
Mutuality "Art. III. The two contracting parties shall each, 
of effort. on jj. g p ar ^ anc ] i n the manner it may judge most proper, 
make all the efforts in its power against their common 
enemy, in order to attain the end proposed. 
Concert of "Art. IV. The contracting parties agree, that in 
action. case e }th er of them should form any particular enter- 
prise, in which the concurrence of the other may be 
desired, the party whose concurrence is desired, shall 
readily and with good faith join to act in concert for 
that purpose, as far as circumstances and its own par- 
ticular situation will permit, and in that case they shall 
regulate, by a particular convention, the quantity and 
kind of succor to be furnished, and the time and man- 
ner of its being brought into action, as well as the 
advantages which are to be its compensation. 
Reduction " Art. V. If the United States should think fit to 
power in 1 attempt the reduction of the British power remaining 
America. m the northern parts of America, or the islands of Ber- 
mudas, those countries or islands, in case of success, 
shall be confederated with or dependent upon the said 
United States. 
JjJP* "Art. "VI. The most Christian King renounces for- 
sessions in ever the possession of the island of Bermudas, as well 
by France. as an y P ar * of the continent of North America, which, 



THE UNITED STATES OF AMERICA. 661 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

before the Treaty of Paris in 1763, or in virtue of that The treaty 
treaty, were acknowledged to belong to the crown of eTent ^ ce 
Great Britain, or to the United States, heretofore called an( * defen- 

• • i i s * ve w ' ta 

British colonies, or which are at this time, or have late- France, 
ly been, under the power of the king and crown of Feb -> ms * 
Great Britain. 

" Art. VII. If his most Christian Majesty shall think Certain 
proper to attack any of the islands situated in the gulf a b p p er ^ a i a 
of Mexico, or near that gulf, which are at present un- to France. 
der the power of Great Britain, all the said isles, in case 
of success, shall appertain to the crown of France. 

"Art. VIII. Neither of the two parties shall con- Independ- 
clude either truce or peace with Great Britain, without ^ C g ° A> e 
the formal consent of the other first obtained, and they 
mutually engage not to lay down their arms until the 
independence of the United States shall have been for- 
mally or tacitly assured by the treaty, or treaties, that 
shall terminate the war. 

" Art. IX. The contracting parties declare, that No cIa ' m 
being resolved to fulfill, each on its own part, the pensation. 
clauses and conditions of the present treaty of alliance, 
according to its own power and circumstances, there 
shall be no after claim of compensation on one side or 
the other, whatever may be the event of the war. 

" Art. X. The most Christian King- and the United Other pow- 
States agree to invite, or admit, other powers who may invited to 
have received injuries from England, to make common thls aUl ' 
cause with them, and to accede to the present alliance, 
under such conditions as shall be freely agreed to and 
settled between all the parties. 

" Art. XI. The two parties guarantee mutually from Mutual 
the present time, and forever, against all other powers, guaian ee * 
to wit: The United States to his most Christian Majes- 
ty the present possessions of the crown of Prance in 
America as well as those which it may acquire by the 
future treaty of peace; and his most Christian Majesty 
guarantees on his part, to the United States, their lib- 



662 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The treaty erty, sovereignty, and independence, absolute and unlim- 
eventuai 06 ited, as well in matters of government as commerce, 
and defeu- ail( j a i s0 their possessions, and the additions or con- 

sive with 7 -V. , 

France, quests that their confederation may obtain during 1 the 
Feb., 1778. war ^ f rom an y f the dominions now or heretofore pos- 
sessed by Great Britain in North America, conformable 
to the 5th and 6th articles above written, the whole, as 
their possession, shall be fixed and assured to the said 
states, at the moment of the cessation of their present 
war with England. 
Explana- "Art. XII. In order to fix more precisely the sense 
last article. an ^ application of the preceding article, the contracting 
parties declare, that in case of a rupture between France 
and England, the reciprocal guarantee declared in the 
said article shall have its full force and effect, the mo- 
ment such war shall break out; and if such rupture 
shall not take place, the mutual obligations of the said 
guarantee shall not commence, until the moment of the 
cessation of the present war between the United States 
and England shall have ascertained their possessions. 

"Art. XIII. The present treaty shall be ratified on 
both sides, and the ratifications shall be exchanged in 
the space of six months, or sooner if possible. 

In faith whereof, the respective Plenipotentiaries, to 
wit: on the part of the most Christian King, Conrad 
Alexander Gerard, royal Sindic of the city of Strasburgh, 
and secretary of his Majesty's council of state; and 
on the part of the United States, Benjamin Franklin, 
deputy of the general congress from the state of Penn- 
sylvania, and president of the convention of that state ; 
Silas Deane, heretofore deputy from the state of Con- 
necticut; and Arthur Lee, counsellor at law; have 
signed the above articles, both in the French and Eng- 
lish languages, declaring nevertheless, that the present 
treaty was originally composed and concluded in the 
French language, and they have hereunto affixed their 
seals. 



Time for 
ratifica- 
tion. 



Attesta- 
tion. 



THE UNITED STATES OP AMERICA. -663 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

Done at Paris, this 6th day of February, one thou- Conciu- 
sand seven hundred and seventy-eight. 

C. A. Gerard, [l. s.] 
B. Franklin, [l. s.] 
Silas Deane. [l. s.] 
Arthur Lee. [l. s.] 



Thus the congress gave a tenfold security to the posi- Benefits of 
tion of the United Colonies, and made a most effective * n c e * 
advance towards promoting their independence. An 
alliance with so powerful and so respectable a kingdom 
and people as the French nation, could not operate oth- 
erwise than advantageously on the issue of the contest 
in which they were now engaged. It was a very strong 
acknowledgment of their independence of Great Britain, 
and was well made an occasion of jubilee and mutual 
congratulation throughout the country. The congress, Action of 
ever watchful to catch the favoring breeze, regarded it gr esa°upon 
as a fitting stand-point from which to take an observa-'*- 
tion, and accordingly, on the sixth day of May, appoint- 
ed Mr. R. H. Lee, Mr. Chase, and Mr. G. Morris, a 
committee "to prepare an address to the inhabitants of 
these states upon the present situation of public affairs." 

This committee reported a draft on the eighth day of Committee 
May, which was adopted by the congress, after sundry ^^T" 6 
amendments. Containing, as it does, a true and full 
statement of the posture of affairs at this time, it neces- 
sarily becomes a part of this work. The address as 
agreed to, was as follows, viz. : 

"The Congress to the inhabitants of the United 
States op America. 
" Friends and Countrymen : Three years have now 
passed away, since the commencement of the present 
war. A war without parallel in the annals of mankind. The war 
It hath displayed a spectacle the most solemn that can aspects, 
possibly be exhibited. On one side, we behold fraud 
and violence labouring in the service of despotism; on 



664 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies * 

Address of the other, virtue and fortitude supporting and estab- 

grese tothe l iSnill g the rights of human nature. 

inhabitants "You cannot but remember how reluctantly we were 

of the J 

U. S. A. on dragged into this arduous contest; and how repeatedly, 
affairs w * tn tne earnes tuess of humble entreaty, we supplicated 
May, m8. a redress of grievances from him who ought to have 
avert'the been the father of his people. In vain did we implore 
contest, his protection. In vain appeal to the justice, the gen- 
erosity, of Englishmen; of men, who had been the 
guardians, the assertors and vindicators of liberty 
through a succession of ages; men, who, with their 
swords, had established the firm barrier of freedom, and 
All efforts cemented it with the blood of heroes. Every effort was 
ciliation" vam « For even whilst we were prostrate at the foot of 
fruitless, the throne, that fatal blow was struck, which hath sepa- 
rated us forever. Thus spurned, contemned, and 
insulted; thus driven by our enemies into measures 
which our souls abhorred ; we made a solemn appeal to 
the tribunal of unerring wisdom and justice, to that 
Almighty Ruler of Princes, whose kingdom is over all. 
Their con- "We W ere then quite defenceless. Without arms, 

dition at ^ ... 

the com- without ammunition, without clothing, without ships, 
rnent. 6 " without money, without officers skilled in war ; with 
no other reliance but the bravery of our people and 
the justice of our cause. We had to contend with a 
nation great in arts and in arms, whose fleets covered 
the ocean, whose banners had waved in triumph 
through every quarter of the globe. However une- 
qual this contest, our weakness was still further in- 
creased by the enemies which America had nourished 
in her bosom. Thus exposed, on the one hand, to 
external force and internal divisions ; on the other, to 
be compelled to drink the bitter cup of slavery, and to 
Necessity go sorrowing all our lives long ; in this sad alternative, 

of a resort we c i lose t ] ie f ormer . To this alternative we were 
to arms. 

reduced by men, who, had they been animated by one 

spark of generosity, would have disdained to take such 

mean advantage of our situation ; or, had they paid 



THE UNITED STATES OF AMERICA. QQ5 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

the least regard to the rules of justice, would have Address 
considered with abhorrence a proposition to injure ^^othe 
those who had faithfully fought their battles, and inhabitants 
industriously contributed to rear the edifice of their u s A on 
glory. F" blic ™ f " 

... fans, May, 

" But, however great the injustice of our foes in ivts. 
commencing this war, it is by no means equal to that 
cruelty with which they have conducted it. The course ' 
of their armies is marked by rapine and devastation. 
Thousands, without distinction of age or sex, have 
been driven from their peaceful abodes, to encounter 
the rigors of inclement seasons ; and the face of 
Heaven hath been insulted by the wanton conflagra- 
tion of defenceless towns. Their victories have been 
followed by the cool murder of men no longer able to Conduct 
resist ; and those who escaped from the first act of £y GreaT* 
carnage have been exposed, by cold, hunger, and Britain - 
nakedness, to wear out a miserable existence in the 
tedious hours of confinement, or to become the de- 
stroyers of their countrymen, of their friends ; perhaps, 
dreadful idea ! of their parents or children. Nor was 
this the outrageous barbarity of an individual, but a 
system of deliberate malice, stamped with the concur- 
rence of the British legislature, and sanctioned with 
all the formalities of law. Nay, determined to dissolve 
the closest bonds of society, they have stimulated serv- 
ants to slay their masters in the peaceful hour of do- 
mestic security. And, as if all this were insufficient 
to slake their thirst for blood, the blood of brothers, 
of unoffending brothers, they have excited the Indians 
against us ; and a general, who calls himself a Chris- 
tian, a follower of the merciful Jesus, hath dared to 
proclaim to all the world his intention of letting loose 
against us whole hosts of savages ; whose rule of war- 
fare is promiscuous carnage ; who rejoice to murder 
the infant smiling in its mother's arms ; to inflict on 
their prisoners the most excruciating torments ; and 
exhibit scenes of horror from which nature recoils. 



666 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

Address "Were it possible, they would have added to this 

gres^to the terrible svstem > for tlie y have offered the inhabit- 
iuhabitants ants of these states to be exported by their merchants 
u. S.A. on to the sickly, baneful climes of India, there to perish ; 
public af- an ff er no t accepted of, merely from the imnractica- 

fairs, May . r . J * 

1778. bility ot carrying it into execution. 
Cruel treat- "Notwithstanding these great provocations, we have 
prisoners treated such of them as fell into our hands with ten- 
by Great d ernesS) and studiously endeavored to alleviate the 
Christian afflictions of their captivity. This conduct we have 
treatment p Ursuec i so f ar as to be by them stigmatized with cow- 

oi prison- l J D 

ers by the ardice, and by our friends with folly. But our depend- 
co omes. ence was no t U p 0n m an. It was upon Him who hath 

commanded us to love our enemies, and to render 
good for evil. And what can be more wonderful than 
the manner of our deliverances ? How often have we 
Their reii- been reduced to distress, and yet been raised up ? 
and^nter? When the means to prosecute the war have been want- 
positions [ n cr to us, have not our foes themselves been rendered 

of Provi- 

dence. instrumental in providing them ? This hath been done 
in such a variety of instances, so peculiarly marked 
almost by the direct interposition of Providence, that 
not to feel and acknowledge his protection would be 
the height of impious ingratitude. 
Certainty " At length that God of battles, in whom was our 
of success. t rus t ? hath conducted us through the paths of danger 
and distress, to the thresholds of security. It hath 
now become morally certain, that, if we have courage 
to persevere, we shall establish our liberties and inde- 
pendence. The haughty prince, who spurned us from 
his feet with contumely and disdain, and the parlia- 
ment which proscribed us, now descend to offer terms 
of accommodation. Whilst in the full career of vic- 
tory, they pulled off the mask and avowed their in- 
tended despotism. But having lavished in vain the 
blood and treasure of their subjects in pursuit of this 
execrable purpose, they now endeavor to ensnare us 
with the insidious offers of peace. They would seduce 



THE UNITED STATES OF AMERICA. 667 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

you into a dependence, which necessarily, inevitably, Address 
leads to the most humiliating slavery. ^ th g e t c °£ " 

"And do they believe that you will accept these inhabitants 
fatal terms ? Because you have suffered the distresses u s A. on 
of war, do they suppose that you will basely lick the public af- 
dust before the feet of your destroyers ? Can there 1773. 
be an American so lost to the feelings which adorn Offers of 
human nature, to the generous pride, the elevation, ^ c {J la " 
the dignity of freedom ? Is there a man who would Great 
not abhor a dependence upon those who have deluged 
his country in the blood of its inhabitants ? We can- 
not suppose this ; neither is it possible that they them- 
selves can expect to make many converts. What then 

is their intention ? Is it not to lull you with the falla- Their de- 

• • • . 

cious hopes of peace, until they can assemble new ^g^nd " 
armies to prosecute their nefarious designs? If this mischieT * 
is not the case, why do they strain every nerve to levy 
men throughout their islands ? Why do they meanly 
court every little tyrant of Europe to sell them his 
unhappy slaves ? Why do they continue to embit- 
ter the minds of the savages against you? Surely 
this is not the way to conciliate the affections of 
America. 

"Be not, therefore, deceived. You have still to The trial 
expect one severe conflict. Your foreign alliances, t0 come * 
though they secure your independence, cannot secure 
your country from desolation, your habitations from 
plunder, your wives from insult or violation, nor your 
children from butchery. Foiled in their principal 
design, you must expect to feel the rage of disap- 
pointed ambition. Arise, then ! to your tents ! and 
gird you for battle. It is time to turn the headlong 
current of vengeance upon the head of the destroyer. 
They have filled up the measure of their abominations, 
and like ripe fruit must soon drop from the tree. Al- 
though much is done, yet much remains to do. Expect No peace 
not peace whilst any corner of America is in possession JJJ* .* hd [L. 
of your foes. You must drive them away from this minated. 



668 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

Address land of promise, a land flowing indeed with milk and 

of the con- i lone Your brethren at the extremities of the con- 
gress to the J 
inhabitants tinent already implore your friendship and protection. 

U s. 1. on I* i s your duty to grant their request. They hunger 
public af- anc i thirst after liberty ; be it yours to dispense to 
1778. ' them the heavenly gift. And what is there now to 

prevent it ? 

Condition " After the unremitted efforts of our enemies, we are 

strength stronger than before. Nor can the wicked emissaries, 

of the who so assiduously labour to promote their cause, point 

out any one reason to suppose that we shall not receive 

daily accessions of strength. They tell you, it is true, 

that your money is of no value ; and your debts so 

enormous, they can never be paid. But we tell you, 

Weakness that if Britain prosecutes the war another campaign, 

Brita\n that single campaign will cost her more than we have 

hitherto expended. And yet these men would prevail 

upon you to take up that immense load, and for it to 

sacrifice your dearest rights. 

„ " For, surely, there is no man so absurd as to suppose 
that the least shadow of liberty can be preserved in a 
dependent connection with Great Britain. From the 
Depend- nature of the thing it is evident, that the only security 
Great°Brit- y° u could obtain, would be the justice and moderation 
ain, what, of a parliament who have sold the rights of their own 
constituents. And this slender security is still further 
weakened by the consideration that it was pledged to 
rebels, (as they unjustly call the good people of these 
states,) with whom they think they are not bound to 
keep faith by any law whatsoever. Thus would you 
be cast bound among men whose minds, by your vir- 
tuous resistance, have been sharpened to the keenest 
edge of revenge. Thus would your children and your 
children's children be by you forced to a participation 
of all their debts, their wars, their luxuries, and their 
crimes. And this mad, this impious system, they 
would lead you to adopt, because of the derangement 
of your finances. 



THE UNITED STATES OF AMERICA. 669 

UNDER THE DECLARATION OF INDEPENDENCE. PaIIT IV. 

" It becomes you deeply to reflect on this subject. Address 
Is there a country on earth, which hath such resources ° res g e t o° u " 
for the payment of her debts as America ? Such an the inhab- 

n rt c -i it 1 • '± T itailtS of 

extensive territory I So lertile, so blessed in its cli- the u. s. A. 
mate and productions? Surely there is none. Nei- on P" b ; 

1 J .he affairs, 

ther is there any to which the wise Europeans will May, 1778. 
sooner confide their property. "What then are the rea- Resources 

. of Ameri- 

sons that your money hath depreciated ? Because no C a. 
taxes have been imposed to carry on the war. Because 
your commerce hath been interrupted by your enemy's 
fleets. Because their armies have ravaged and deso- Causes of 
lated a part of your country. Because their agents embarrass- 
have villainously counterfeited your bills. Because meut - 
extortioners among you, influenced with the lust of 
gain, have added to the price of every article of life. 
And because weak men have been artfully led to believe 
that it is of no value. 

" How is this dangerous disease to be remedied ? The 

remedy 

Let those among you, who have leisure and opportunity, 
collect the monies which individuals in your neighbor- 
hood are desirous of placing in the public funds. Let 
the several legislatures sink their respective emissions ; 
that so, there being but one kind of bills, there may be 
less danger of counterfeits. Refrain a little while from 
purchasing those things which are not absolutely neces- 
sary, that so those who have engrossed commodities 
may suffer (as they deservedly will), the loss of their 
ill-gotten hoards, by reason of the commerce with for- 
eign nations, which the fleets will protect. Above all, 
bring forward your armies into the field. Trust not to 
appearances of peace or safety. Be assured that un- 
less you persevere, you will be exposed to every species 
of barbarity. But if you exert the means of defence 
which God and nature have given you, the time will 
soon arrive, when every man shall sit under his own 
vine, and under his own fig-tree, and there shall be 
none to make him afraid. Therecom- 

mi t> pense pre- 

" The sweets of free commerce with every part of the dieted. 



670 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

Address earth, will soon reimburse you for all the losses you 
-ress e to 0n " liave sustained. The full tide of wealth will flow in 
the iohab- upon your shores, free from the arbitrary impositions 
the U.S. A. °f those whose interest and whose declared policy it 
on pub- was £ check vour growth. Your interests will be fos- 

lic affairs 

May, 1778. tered and nourished by governments that derive their 
power from your grant, and will therefore be obliged, 
by the influence of cogent necessity, to exert it in your 
favor. It is to obtain these things that we call for your 
strenuous, unremitted, exertions. 
Reliance " Yet do not believe that you have been or can be 
idence nee- saved merely by your own strength. No ! it is by the 
essary. assistance of Heaven, and this you must assiduously 
cultivate by acts which Heaven approves. Thus shall 
the power and the happiness of these sovereign, free, and 
independent states, founded on the virtue of their citi- 
zens, increase, extend, and endure, until the Almighty 
shall blot out all the empires of the earth."* 
* Journals Immediately after the adoption of this address the 
of con- congress "Resolved, that it be recommended to minis- 

gress. o ' 

ters of the gospel, of all denominations, to read, or 
cause to be read, immediately after divine service, the 
above address to the inhabitants of the United States 
of America, in their respective churches and chapels, 
and other places of religious worship." 



Concur- Hitherto, I have not deemed it important to refer to 
rent pro- ^q proceedings of parliament after the colonies took 

cecdmgs in I _ °_ r 

parlia- up arms in their defence, because, whatever their char- 
mlnistry^ acter, they had no essential influence upon the com- 
plexion of our governmental history. So, also, whatever 
plans of conciliation may have been devised by the min- 
istry of Great Britain during the revolutionary period, 
are alike unnecessary to my purpose in this work. Va- 
rious methods of accommodation were from time to 
time suggested, but all of them were of the same char- 
acter in the main with those which provoked the sever- 
ance, embittered their hostility, and alienated the peo- 



THE UNITED STATES OF AMERICA. 671 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

pie of America forever from their allegiance to the pa- Arrival of 
rent state. And what could not conciliate when they £2^°™" 
were disposed to conciliation, certainly could not win from Eng- 

. laud 1778. 

them back after they had once resolved upon independ- 
ence. It sumceth us to know, that the position now 
taken by the United Colonies was one which precluded 
all possibility of amity under any terms of dependency 
upon the crown. This is conclusively evident by the 
action of the congress on the arrival of commissioners 
deputed by the king to carry into effect Lord North's 
bills for conciliation, then recently adopted in parlia- 
ment. 

The king's ship-of-war, the Trident, of sixty-four 
guns, arrived with these commissioners, in Delaware 
river, on the fourth of June, soon after the adoption 
of the foregoing address. They were, the Earl of Car- Names of 
lisle, Governor George Johnstone and William Eden ; [^0^9. 
to whom were joined Lord Howe and Sir William Howe ; 
who, however, did not act, the former being engaged 
with the British fleet, and the latter having returned 
to England before the commission arrived. The place 
of General Howe in the commission was supplied by 
General Sir H. Clinton. Dr. Adam Ferguson, pro- 
fessor of moral philosophy in the University of Edin- 
burgh, was secretary to the commission. 

Upon their arrival in Philadelphia, General Clinton They apply 
wrote to Gen. Washington informing him of the fact, and ^^for 
requesting a passport for Dr. Ferguson to proceed to a passport, 
congress, with dispatches. Gen. Washington refused to 
grant the request, saying, in his reply to Gen. Clinton ; " I Washing- 
do not conceive myself at liberty to grant the passport ^ j^ y ' 
you request for Dr. Ferguson, without being previously 
instructed by congress on the subject. I shall dispatch 
a copy of your letter to them, and will take the earli- writings 
est opportunity of communicating their determina- ? f Wash - 
tion."* Vol. V. 

The letter and papers received from Sir Henry Clin- 
ton, together with a copy of his reply, were forwarded 



G72 THE GOVERNMENTAL HISTORY OF 



Part IV. the revolutionary union of the colonies 



The peace by Gen. Washington to the president of congress, and 
comniis- were l a i<i before that body on the eleventh day of June. 

sioners and ■* J 

congress, After being read, they were referred to a select com- 
June,i< 8 - m itteeto report thereon, when the further considera- 
tion of the subject was postponed. 
They send Meanwhile, the commissioners, without waiting to 
persT near further from General Washington, forwarded their 
congress, papers to the congress ; and on Saturday, the thirteenth, 
while congress were debating upon the report of the 
committee to whom the papers received from Washing- 
ton had been referred, an express arrived with a pri- 
Special vate letter of the eleventh, from Washington, to the 
dispatch president of congress ; and also a packet in which was 

from *■ . 1 • i 

Washing- enclosed, together with other papers to which we may 
jjjjjg* coa ' hereafter refer more particularly, a letter signed, 
" Carlisle, William Eden, George Johnstone," dated 
Philadelphia, June the 9th, 1778, and directed " To 
His Excellency Henry Laurens, the President, and oth- 
ers, the members of congress." 
Letter of This letter was read till they came to the words, 

the com- lt [ ns [^[ ous interposition of a power, which has, from 

missioners * * 7 ' 

to con- the first settlement of the colonies, been actuated with 

gress " enmity to us both ; and notwithstanding the pretended 

Offensive aatc or present form of the French offers" — here the 

words reading was interrupted ; a motion was made not to 

against 

France, proceed further, because of the offensive language 
against his most christian majesty. During the debate 
upon this motion, the further consideration of the sub- 
ject was postponed, and the congress adjourned till ten 
o'clock on Monday, then next. The matter continued 
to receive the consideration of the congress, from day 
Action of to da ^' *^ Wednesday, June seventeenth, when the 
the con- draft of a letter reported by a committee appointed 
gresa * thereto, to be forwarded by the president of congress, 
" in answer to the letters and papers from the Earl of 
Carlisle, <fcc, commissioners of the king of Great Brit- 
ain," was unanimously adopted, as follows, viz. : 

" I have received the letter from your excellencies 



THE UNITED STATES OP AMERICA. ' 673 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

of the 9th inst, with the enclosures, and laid them be- Repty of 
fore congress. Nothing but an earnest desire to spare l r e a g ° " 
the further effusion of human blood could have induced the peace 
them to read a paper containing expressions so disre- s;oner3 
spectful to his most christian majesty, the good and ?f l J ie 
great ally of these states ; or to consider propositions i7,°i7V8. 
so derogatory to the honor of an independent nation. 

"The acts of the British parliament, the commission The idea 
from your sovereign, and your letter, suppose the peo- enceTn 1 ' 
pie of these states to be subjects of the crown of Great G . reat ^it- 
Britain, and are founded on the idea of dependence, ated. 
which is utterly inadmissible. 

" 1 am further directed to inform your excellencies, Inclination 
that congress are inclined to peace, notwithstanding the t0 peace * 
unjust claims from which this war originated, and the 
savage manner in which it hath been conducted. They 
will therefore be ready to enter upon the consideration 
of a treaty of peace and commerce, not inconsistent Terms of 
with treaties already subsisting, when the king of Great P eace - 
Britain shall demonstrate a sincere disposition for that 
purpose. The only solid proof of this disposition will 
be an explicit acknowledgment of the independence of 
these states, or the withdrawing his fleets and armies. 
" I have the honor to be 

your excellencies' most obedient 

and humble servant; 
Henry Laurens, President." 

" By order of the congress." 



The existence of a treaty of alliance, etc., between The alii- 
the United Colonies and France, though it was feared, ance with 

xi •/-( . -n •.,,,. . France not 

was not known in Great Britain when the king s com- known in 
missioners embarked for America ; and they evidently Eu s land - 
had not been advised of it since their arrival, otherwise 
they would not have hazarded the accomplishment of 
their mission, by so exceptionable an allusion to his 
christian majesty. They nevertheless soon became 
more forcibly aware of the relations of amity consum- 
43 



674 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union op the colonies 

Arrival of mated between the two countries, when, on the clev- 
fleetfriDei- Clltn °^ ^ u ^ — probably under the provisions of " the 
aware Bay, act separate and secret" — his excellency Count d' Es- 
u y ' ' taing arrived in Delaware Bay in the Languedoc, hav- 
ing under his command a powerful fleet of twelve sail 
of line-of-battle-ships, and four frigates, fully officered 
and manned, " to co-operate with the American forces 
in the reduction of the British army and navy." 

The importance and the effect of this alliance upon 
the designs of Great Britain and the destinies of Amer- 
ica are well known, and have been elsewhere recorded 
by abler pens than mine, in becoming characters, and 
will be the subject of more particular remark hereafter. 
Having digressed thus much, for the sake of future 
reference, I return again to my own peculiar work. 



The theory In analyzing the theory of government under which 
mentofthe the several colonies in America became independent 
United states, derived to themselves a national existence, and 

Colouies. . iii i • 

were permanently and lndissolubly united m one great 
republican confederacy under the present constitution, 
it is important here to mark the development of those 
elements of political relationship which originated and 
fixed the federative supremacy, while they secured to 
the states in severalty the enjoyment of their own pecu- 
liar and distinctive forms of government, administra- 
tion, jurisdiction, and independence. 
Tiie eolo- The League of Union under the martial manifesto, by 
under^he wn ^ cn the colonies combined to resist the oppressions 
martial of their parent state, needed a head wherein to concen- 
trate its powers, and by which its operations should be 
directed and controlled. This necessity originated the 
congress. When that congress suppressed " the exer- 
cise of all authority under the crown in America," and 
assumed to itself the prerogatives of sovereignty by the 
highest exercise of supremo power, that of declaring 
war, it placed each of the colonies under the necessity 
of choosing between one of only two alternatives, viz., 



THE UNITED STATES OF AMERICA. 675 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

subjection to its supremacy, or dependency upon Great 
Britain. To refuse either was to choose the other. 
The assumption of independence was a declaration, not Colonial 
an achievement ; a declaration in confederacy, not in go Ve ^ ate 
severalty. Hence there was no such thing as sover- eignty. 
eignty in any colony by itself. Indeed the idea of a 
several sovereignty and independence had no existence 
or recognition either inside or outside of the first fed- 
erative league. The true theory of state rights, there- 
fore, is based not upon any original or inherent sover- Basis of 
eignty in the colonies, or states, as severalties ; but on l^ ta 
the compact of the confederation, from which alone, 
as states, they derived their essential origin, independ- 
ence, and protection. 

This is evident not only from the date and the form The ar- 
of the Declaration of Independence ; but also from c^^L. 
the time and the manner in which the Articles of Con- tion, 

1778—81 

federation were framed and became the paramount law 
of the federative union. To illustrate this, it becomes 
necessary to show, not only that power was conferred 
by the several colonies upon their delegates in congress 
to ratify those articles ; but also the precise powers 
conferred, and the precise language used in conveying 
those powers. Hence the credentials of power in the Powers of 
delegates, and their action under them, become an the dele " 

. , gates to 

important and interesting part of our record; and ratify the 
hence I introduce them in full. same ' 



New Hampshire. 
"In the House of Representatives, March 4, 1778. By New 

" The house took into consideration the articles of ^Jre P " 
confederation and perpetual union between the thirteen 
United States of America, as agreed to by the honor- 
able congress of said states, and came to the following 
resolution thereon, viz. : 

"•Resolved, That we do agree to said articles of con- 
federation, perpetual union, &c, and do, for ourselves 
and constituents, engage that the same shall be invio- 



676 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The ar- lably observed by this state ; and the delegates of this 
confedera- s ^ ate ? f° r ^ ie ^ me being, at the congress aforesaid, are 
tion, hereby empowered and instructed to ratify the same in 

„ ', behalf of this state. 

Powers ot 

ratifica- " Sent up for concurrence. 

John Dudley, Speaker, pro tern. 

"In Council, the same day, read and concurred. 

E. Thompson, Secretary. 
" Copy, Attest. Mesech Weare, President." 



tion. 



Massachusetts Bay. 
" Council Chamber, Boston, March 10, 1778. 
By Massa- " Gentlemen : The General Court of the state of Mas- 
Bay. sachusetts Bay, having attentively considered the ar- 

ticles of confederation and perpetual union between 
the United States of America, recommended to our 
attention by the honorable congress, do approve of them 
in general, as well calculated to secure the freedom, 
sovereignty, and independence of the United States. 

"Perhaps no plan could have been proposed, better 
adapted to the circumstances of all. We therefore, the 
council and house of representatives of this state, in 
general court assembled, do, in the name and behalf 
of the good people of this state, instruct you, their del- 
egates, to subscribe said articles of confederation and 
perpetual union, as they were recommended by con- 
See p. 687. gress, unless the following alterations, or such as may 
be proposed by the other states, can be received, and 
adopted without endangering the union proposed. 
"In the name and behalf of the general assembly. 
Jeremiah Powell, President. 
" To the delegates of the state of 
Massachusetts Bay, in Congress." 



By Rhode RHODE ISLAND AND PROVIDENCE PLANTATIONS. 

Provi- an u At the General Assembly of the governor and confi- 
dence p ail y f the state of Rhode Island and Providence 
tions. Plantations ; begun and holden by adjournment at East 



THE UNITED STATES OP AMERICA. 677 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

Greenwich, within and for the state aforesaid, on theThearti- 
second Monday in February, in the year of our Lord federation" 
one thousand seven hundred and seventy-eight. I. 778_81 '« 

. -T . Powers of 

" This Assembly having taken into consideration the ratifica- 
articles of confederation and perpetual union between tl0n * 
the states of New Hampshire, Massachusetts Bay, Rhode 
Island and Providence Plantations, Connecticut, New 
York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, and Georgia ; 
transmitted by congress to this state, and having had ^ R ^ od *. 
them repeatedly read; and having maturely weighed Provi- 
and most seriously deliberated upon them, as their p Ianta . 
importance to this and the other states, and to posterity, tions . Feb - 
deserves; and considering also the pressing necessity gee ' 
of completing the union, as a measure essential to the 688. 
preservation of the independence of the said states, do 
vote and resolve, and it is voted and resolved, that the 
honorable Stephen Hopkins, Esq., William Ellery, Es- 
quire, and Henry Marchant, Esquire, the delegates to 
represent this state in congress, or any one of them, be 
and they are hereby fully authorized and impowered, 
on the part and behalf of this state, to accede to and j 

sign the said articles of confederation and perpetual 
union, in such solemn form and manner as congress 
shall think best adapted to a transaction so important / 

to the present and future generations; provided that 
the same be acceded to by eight of the other states. 

"And in case any alterations in, or additions to, the 
said articles of confederation and perpetual union, shall 
be made by nine of the said states in congress assem- 
bled, that the said delegates, or any one of them be, and 
they are hereby, authorized and impowered, in like 
manner, to accede to and sign the said articles of con- 
federation and perpetual union, with the alterations and 
additions that shall be so made. 

" It is further voted and resolved, that this assembly 
will, and do hereby, in behalf of the said state of Rhode 
Island and Providence Plantations, in the most solemn 



678 THE GOVERNMENTAL HISTORY OF 

Tart IV. the revolutionary union of the colonies 

The arti- manner, pledge the faith of the said state, to hold and 
federation consider the acts of the said delegates, or any one, in 
1778-81. so acceding to and signing the said articles of confede- 

Powers of . , , ,., 3 , . _ . , 

ratifica- ration and perpetual union, as valid and binding on the 

tI0U - said state in all future time : And it is further voted 

and resolved, that a fair copy of this act be made and 

authenticated under the public seal of this state, with 

the signature of his excellency, the governor, and be 

" transmitted to the delegates ; and that the same . shall 

be sufficient warrant and authority to the said delegates, 

or any one of them, for the purposes aforesaid. 

"A true copy duly examined. 

Henry Ward, Secretary. 
Authenticated by the 
Governor's Cert, and Seal of State." 



Connecticut. 
ByConnec- "At a General Assembly of the governor and company 
Vof'S'of the state of Connecticut, holden at Hartford, by 

12th, 1778. ' ' J 

adjournment, on the twelfth day of February, 1778: 

"The articles of confederation and perpetual union, 
proposed by congress to be entered into between the 
thirteen United States of America, being laid before 
this assembly by his excellency, the Governor, were 
read and maturely considered; whereupon, 

" Pie solved,, That the delegates of this state, who shall 
be present in congress, be, and they are hereby, fully 
authorized and impowered, in behalf of this state, to 
agree to and ratify the said articles of confederation, 
with such amendments, if any be, as by them, in con- 
junction with the delegates of the other states in con- 
gress, shall be thought proper. 

"A true copy of record, examined by 

George Wyllys, Secretary." 



By New New York. 

7bTh'i778.' " Tlie People of the state of New York, one of the 
United States of America, by the Grace of God free 



THE UNITED STATES OF AMERICA. 679 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

and independent, to their brethren of the other of the The arti- 
said United States, in congress assembled, and to all federation 
others who shall see these -our letters patent, send greet- 17*78-81. 

Powers of 
mg: ratifica- 

" Know ye, that among the acts of our senate and tl0n ' 
assembly of our said state, we have inspected a certain 
act of the said senate and assembly, the tenor whereof 
is as follows, to wit: 

" An act of accession to and approbation of certain 
proposed articles of confederation and perpetual union 
between the United States of America, and to author- 
ize the delegates of the state of New York to ratify the 
same on the part and behalf of this state, in the con- 
gress of the said United States. 

" Whereas the freedom, sovereignty, and independ- 
ence of the said states; which, with a magnanimity, „ „ T 

7 By New 

fortitude, constancy, and love of liberty, hitherto un- York, Feb. 
paralleled, they have asserted, and maintained against 1 ' 
their cruel and unrelenting enemies, the king and par- 689. 
liament of the realm of Great Britain ; will, for their 
lasting and unshaken security, in a great measure de- 
pend, under God, on a wise, well-concerted, intimate 
and equal confederation of the said United States: 
And whereas, the honorable the congress of the said 
United States, have transmitted for the consideration 
of the legislature of this state, and for their ratification 
in case they shall approve of the same, the following 
articles of confederation, to wit: (Here the articles 
are recited verbatim.} 

" And whereas the Senate and Assembly of this state 
of New York, in legislature convened, have separately 
taken the said several articles of confederation into 
their respective, most deliberate, and mature considera- 
tion, and by their several and respective resolutions, 
deliberately made and entered into for the purpose, 
have fully and entirely approved the same : In order, 
therefore, that such approval may be published and 
made known to the whole world, with all the solemni- 



680 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The arti- 
cles of con- 
federation, 
1778-81. 
Powers of 
ratifica- 
tion. 



By New 
York, Feb. 
16th, 1778. 



Enacting 
clause. 



Proviso. 



ties of law, and that all the subjects of this state, and 
others inhabiting and residing therein from time to 
time, and at all times thereafter, as long as the said 
confederation shall subsist and endure, may be bound 
by and held to the due observance of the said articles 
of confederation, as a law of this state, if the same 
shall be duly ratified by all the said United States in 
congress assembled. 

"Be it enacted and declared by the people of the state 
of New York, represented in senate and assembly, and 
it is hereby enacted by the authority of the same, that 
the said several above recited articles of confederation, 
and all and singular the clauses, matters and things in 
the same contained, be, and the same are hereby fully 
accepted, received, and approved, of, for and in behalf 
of the people of this state. And to the end that the 
same may, with all due form and solemnity, be ratified 
and confirmed by this state in congress, 

" Be it further enacted by the authority aforesaid, that 
the delegates of this state, in the said congress of the 
United States of America, or any two of the said dele- 
gates, shall be and hereby are, fully authorized, impow- 
ered and required, wholly, entirely and absolutely, for 
and in behalf of the people of this state, and in such 
manner and under such formalities as shall be deter- 
mined in congress, to ratify and confirm all and every 
of the said above recited articles of confederation, and 
all and singular the clauses, matters and things in the 
same contained; and that an exemplification of this 
act, tested by his excellency the governor or the lieut. 
governor, or president of the senate of the state for the 
time being, administering the government, and authen- 
ticated with the great seal of this state, shall be full 
and conclusive evidence of this act. 

"Provided always, that nothing in this act or the said 
above recited articles of confederation contained, nor 
any act, matter, or thing, to be done and transacted by 
the delegates of this state in congress, in and concern- 



THE UNITED STATES OF AMERICA. 681 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

ing the premises or any part thereof, shall bind orThearti- 
oblige, or be deemed, construed or esteemed to bind or federation, 
oblige the governor, legislature, people, subjects, inhabi- IT 7 ^*" 81 "- 
tants, or residents, of this state, until the said above ratifica- 
recited articles shall have been duly ratified and con- *' on ' 

J . Not to 

firmed by, or in behalf of, all the said United States in bind unless 
congress assembled; anything herein, or in the said^ 1 y 
above recited articles of confederation contained to the 
contrary thereof in any wise notwithstanding." 

"At the bottom of which act we find the following By New 
certificates, to wit : i In Senate, Thursday, January 1G ° t ^ \^s\ 
29th, 1778. This bill having been read the third 
time, Resolved that the bill do pass. By order of the 
senate, Pierre Van Courtlandt, president. — In assem- 
bly, Tuesday, February 3d, 1778. This bill having 
been read three times, Resolved, that the bill do 
pass. By order of the assembly, Walter Livingston, 
speaker.' 

" And on the back of said bill we find the following 
endorsement in writing, to wit : * In the council for Act of the 
revising all bills about to be passed into laws by the revision? 
legislature of the state of New York, on Friday, the 
6th day of February, 1778, Resolved, that it does not 
appear improper to this council that the bill entitled 
' An act of accession to and approbation of certain pro- 
posed articles of confederation and perpetual union 
between the United States, should become a law of this 
state. George Clinton?" 

" In testimony whereof, we the said people of the Witness, 
state of New York have caused the said act of our said 
senate and assembly to be exemplified by these pres- 
ents, and our great seal of our said state to be here- 
unto appended. Witness our trusty and well beloved 
George Clinton, Esq., our governor of our said state, 
general and commander-in-chief of all the militia, and 
admiral of our navy of the same, the sixteenth day of 
February, in the second year of our independence and 



682 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The ar- sovereignty, and in the year of our Lord one thousand 

tides of ., 

confedera- seven hundred and seventy-eight. 

tion, 
1778-81. 

Powers of By his excellency's command, 

[ton, *■ Richard Hatfield, Secretary" 



George Clinton. 



By Penn- 
sylvania, 
March 

5, 1778. 



Pennsylvania. 

"The Representatives of the freemen of the common- 
wealth of Pennsylvania, in general assembly met, to 



the honorable Benjamin Franklin, Doctor of Laws ; 
Robert Morris, Esquire ; Daniel Roberdeau, Esquire ; 
Jonathan B. Smith, Esq. ; James Smith, Esquire, of 
York Town ; William Clingan, Esquire ; Joseph Read, 
Esquire ; delegates for the said commonwealth in 
the congress of the United States of America, send 
greeting : 
Preamble. "Knoiv ye, that we the said representatives, having 
taken into our most serious and weighty consideration 
and deliberation, the articles of confederation between 
the states of (naming them) lately transmitted to us 
by the honorable Henry Laurens, Esquire, president of 
the said congress, do by this present instrument, signed 
by our speaker, and sealed with the seal of the laws of 
this commonwealth, accede to, ratify, confirm, and 
agree to the said articles ; which said articles are as 
follows to wit : (Here the articles are recited verba- 
tim.) "And we, the said representatives, do hereby 
authorize, empower, require and enjoin you, the said 
Benjamin Franklin, Robert Morris, Daniel Roberdeau, 
Jonathan B. Smith, James Smith, William Clingan, 
and Joseph Read, or any two of you, in the name of 
the said commonwealth of Pennsylvania, to accede to, 
ratify, confirm, and agree to the said articles of con- 
federation. In testimony whereof we have caused the 
seal of the laws of Pennsylvania to be hereunto affixed, 
in general assembly at Lancaster, the fifth day of 



THE UNITED STATES OF AMERICA. 683 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

March, in the year of our Lord one thousand seven Articles of 
hundred and seventy-eight. S^f*"*' 

(l. s.) John Bayard, Speaker." ms-si. 

Powers of 
ratifica- 

Virginia. tioa - 

"In General Assembly, December 15, 1777. 

"Resolved, nemine contradicente, that a speedy ratifi- 
cation of the articles of confederation between the 
United States of America, will confound the devices 
of their foreign, and frustrate the machinations of their 
domestic, enemies ; encourage their firm friends, and By Virgin- 
fix the wavering; constitute much to the support of^tj, 6 ^^, 
their public credit and the restoration of the value of 
their paper money ; produce unanimity in their coun- 
cils at home, and add weight to their negotiations 
abroad ; and completing, the independence of their 
country, establish the best foundation of its prosperity. 

"Resolved, nemine contradicente, that the articles of 
confederation and perpetual union, proposed by con- 
gress the 7th day of November last, between the states 
of New Hampshire, &c, (naming them) — and referred 
for approbation to the consideration of the several leg- 
islatures of the said states, be approved and ratified on 
the part of this commonwealth, and that our delegates 
in congress be accordingly authorized and instructed 
to ratify the same, in the name and on the behalf of 
this commonwealth, and that they attend for that pur- 
pose on or before the tenth day of March next. 
Archibald Cary, Speaker of the senate. 
G. Wythe, Speaker of the house of delegates." 



North Carolina. 
" State of North Carolina: 

In Senate, 25th of April, 1778. North 

"To his excellency, Richard Caswell, Esquire, Cap- Carolina, 
tain-General, Governor, and Commander-in-Chief, &c.,ff^ 25th ' 
&c.,&c. : 



684 THE GOVERNMENTAL HISTORY OP 

PART IV. THE REVOLUTIONARY UNION OF THE COLONIES 

The ar- " Sir: The two houses of the general assembly have 

confedera- * a ^ en m ^° consideration the confederacy proposed to 
tion, the United States by the continental congress, and have 

17*78-81 

Powers of unanimously acceded thereto ; and request your excel- 

ratifica- lency will be pleased to inform the president of the 

Continental Congress thereof by the earliest opportunity. 

Whitmill Hill, s. s. 
John Williams, s. c. 
"By order, J. Sitgreaves, c. s." 



South Carolina. 
u ln General Assembly , the \th day of Feb., 1778. 
" Resolved, Nemine contradicente, that the delegates 
By South f ^\is state in the continental congress, or any three 
Feb. 4th, of them, be and they are hereby authorized, on the 
part of this state, to agree to and ratify articles of con- 
federation between the United States of America. 

" Ordered, That the foregoing resolution be sent to 
the honorable the legislative council for their concur- 
rence, and to his excellency the president for his assent. 
By order of the house, 

Thomas Bee, Speaker." 

" In the Legislative Council, the 5th day of February, 
1778 : Read the foregoing resolution of the General 
Assembly. 

" Resolved, That this house do concur with the gen- 
eral assembly in the said resolution. 

" Ordered, That it be sent to his excellency the presi- 
dent for his assent. 

"Assented to, February 5th, 1778. 

J. Rutledge, President. 
" By order of the house, 

Hugh Rutledge, Speaker." 



Georgia. 
By "House of Assembly, Thursday, Feb 26, 1778. 

Georgia. "The house resolved itself into a committee of the 



THE UNITED STATES OF AMERICA. 685 

Part IV. under the declaration of independence. 

whole house, to take into consideration the articles of The arti- 
confederation and perpetual union, and after some time federation" 
spent therein, Mr. Speaker resumed the chair, and Mr. WJ8-81. 
Whitefield from the committee of the whole reported, J^g*™. 
they had taken the said articles into consideration, andtion. 
gone through the same, and made several amendments 
thereto, which were read and agreed to. 

"Resolved, That the delegates for this state be au-By Geor- 
thorized and required to lay before the general congress 26 '1778. 
of the United States the several alterations proposed and 
agreed upon by this house this day in the articles of 
confederation, and that they do use their exertions to 
have such alterations agreed to and confirmed in con- 
gress. 

" Resolved, That in case all, or none, of such altera- 
tions shall be agreed to and confirmed in congress, that 
then and notwithstanding, they be empowered and 
required, in behalf of this state, to sign, ratify, and 
confirm the several articles of confederation recom- 
mended to the respective legislatures of the United 
States by congress, or any other plan of a general con- 
federation which shall be agreed upon by nine of the 
United States. Extract from the Minutes. 

George Cuthbert, Clerk." 



Before we proceed farther with the history of the rati- Report of 
fication of the articles of confederation, it is important t a t es e ia" 
to observe, that it was not a union of the colonies or con g res3 - 
states which was now proposed by the congress, or acted 
upon by the people through their several legislatures. 
Nor was the appeal made to them to become members 
of a Federal League. That they were already united 
was conceded in all these credentials ; and their federal 
dependencies were fixed by their union. They had 
already submitted to the supremacy of the congress as 
the general governing power, and were now acting un-p rc ii m ; na 
der a recognition of its authority, without its having r ? re ; 
been invested with any of the attributes of sovereignty 



686 



THE GOVERNMENTAL HISTORY OP 



Tart IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The arti- 
cles of con- 
federation, 

1778-81. 



The propo- 
sition in- 
volved 
therein. 



Reports 
from the 
colonies 
called for. 



Report 
from Mary- 
land, June, 
1778. 



independently of that their colonial union. Tlie propo- 
sition contained in the articles of confederation there- 
fore, was, simply, a proposition to make that union per- 
petual. The compact proposed was a compact for per- 
petuity, and iii that compact there was no proposition 
for a disseverance or repudiation of their depend- 
ency upon the national government. By acceding to 
it, they did not accede to a union of the colonies, or, 
as they were now called, states ; but thereby they were 
to agree that the union already existing should be made 
perpetual and irrevocable. By this act they added 
nothing to the supremacy of the congress as a govern- 
ing power which it did not already possess ; and they 
ceded nothing over which themselves could claim, in 
severalty, sovereignty or supremacy. Outside of the 
league of union they were, every one of them, but de- 
pendencies upon the crown of Great Britain ; and had 
never been anything else. The compact itself created 
and secured for each colony while in the union, a sov- 
ereignty and independence which it had not, and could 
not have, independently of the union. But the orig- 
inal compact was temporary, and was not made per- 
petual without objections ; consequently it is impor- 
tant to consider what effect, if any, the objections urged 
had upon its terms or its construction as finally rati- 
fied. 

On the twenty-second day of June, 1778, on motion, 
it was " Resolved, that the delegates of the states, be- 
ginning with New Hampshire, be called upon for the 
report of their constituents upon the confederation, 
and the powers committed to them, and that no amend- 
ments be proposed but such as came from a state." 

The congress were proceeding to act under this reso- 
lution, when the delegates from Maryland asked leave 
to read before the house certain instructions which they 
had just received from their constituents, and moved, 
that the objections from that colony to the articles of 
confederation be immediately taken up and considered 



THE UNITED STATES OF AMERICA. 687 



UNDER THE DECLARATION OF INDEPENDENCE. PART IS . 

by congress, that the delegates from that state might The arti- 
transmit, with all possible dispatch, the determination federation 
of congress on those objections. in con " 

This motion being resolved in the affirmative, it was Ttts-si. 
then moved in behalf of Maryland, viz. : Reports 

" In Article 4, strike out the word " paupers," and colonies. 
after the words, " or either of them," insert " that one 
gtate shall not be burthened with the maintenance of 
the poor who may remove into it from any of the others 
in the union." The question being put, was passed in 
the negative, one state only answering aye. 

Another amendment was moved in behalf of Mary- Report 
land, "Article 8," After the words " granted to or sur- Maryland 
veyed for," insert " or which shall hereafter be granted June 1778. 
to or surveyed for any person." The question being 
put, passed in the negative, 4 ayes, 8 noes. 

A third amendment was then moved in behalf of 
Maryland. 

" Article 9. After the words ' shall be deprived of 
territory for the benefit of the United States,' insert 
'the United States in congress assembled shall have 
the power to appoint commissioners, who shall be fully 
authorized and impowered to ascertain and restrict the 
boundaries of each of the confederated states which 
claim to extend to the river Mississippi, or Soiith Sea.' 
After debate, the yeas and nays being called by Mr. 
March ant of Rhode Island, it was decided in the nega- 
tive." 

The congress now proceeded to call on the delegates Report 
from the several states, pursuant to the previous reso- from New 
lution, when the delegates from New Hampshire stated, sh'ire,June, 
that that state had, in their general assembly, agreed 17 ' 8 " 
to the articles of confederation as they now stand, and 
had impowered their delegates to ratify the same in 
behalf of that state. 

The delegates from Massachusetts Bay being called Report 
on, read sundry objections transmitted to them by their SuSs 
constituents to the articles of confederation, and there- B& 7- 



THE GOVERNMENTAL HISTORY OP 



Part IV. the revolutionary union of the colonies 

The arti- upon moved in behalf of their state, " 1st : that the eighth 
federation" article be reconsidered, so far as relates to the criterion 
in con- fixed on for settling the proportion of taxes to be paid 
lKSUi. by each state, that an amendment may be made so 
Reports that the rule of apportionment may be varied from time 
colonies, to time, by congress, until experience shall have showed 
what rule of apportionment will be most equal and con- 
sequently most just. Motion lost, ayes, 2, noes, 8. 
Report 2nd. That the fifth section of the ninth Article be 

sachusetts reconsidered so far as relates to the rule of apportion- 
Bay, June, mD . ^] ie num ber of forces to be raised by each state on 

1778 

the requisition of congress. Motion lost, 3 ayes, 7 

noes. 

Zrd. That the sixth section of the ninth Article be 

reconsidered so far as it makes the assent of nine states 

necessary to exercise the powers with which congress 

are thereby invested. Motion lost. 

Report The delegates from Rhode Island, being called on, 

from produced instructions from their constituents, and there- 
Rhode IS1- i ,,'.«■,!. 1 

and. fore moved the following amendments : 

See p. 667. « lst In the^/3f/i Article, after the word " two," insert 
" members, unless by sickness, death or any other una- 
voidable accident, but one of the members of a state 
can attend congress, in which case each state may be 
represented in congress by one member for the space 
of months." Motion lost, 1 aye, 9 noes. 

" 2nd. In the eighth Article, at the end of the second 
paragraph, after the words, " for the benefit of the 
United States," add " provided, nevertheless, that all 

Public lands within these states, the property of which before 
the present war was vested in the crown of Great Britain, 
or out of which revenues from quit-rents arise, paya- 
ble to the said crown, shall be deemed, taken, and con- 
sidered as the property of these United States, and be 
disposed of and appropriated by congress for the benefit 
of the whole confederacy, reserving, however, to the 
states, within whose limits such crown lands may be, 



domain. 



THE UNITED STATES OP AMERICA. 689 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

the entire and complete jurisdiction thereof. Motion The arti- 
passed in the negative, 1 aye, 8 noes. federation" 

The delegates from Connecticut being called on, pro- in con- 
duced instructions, and thereupon moved the following ms-si. 
amendments : " 1st. In the eighth Article, after the words Reports 
"in proportion to," strike out what follows to the end C0 ] 0nies 
of the sentence, and in lieu thereof insert " the num- Report 
ber of inhabitants in each state." Motion passed in ne^"^ 11 " 
the negative, 3 ayes, 9 noes." June,i778. 

" 2nd. In the ninth Article, at the end of the fifth para- denials' 
graph, add the words following : " provided that no ante . 
land-army shall be kept up by the United States in time 
of peace, nor any officers or pensioners kept in pay by 
them, who are not in actual service, except such as are, 
or may be, rendered unable to support themselves by 
wounds received in battle in the service of the said 
states, agreeably to the provisions already made by a 
resolution of congress." Motion passed in the nega- 
tive, 1 aye, 11 noes." 

The delegates of New-York being called on, pro- Report 
duced, under the great seal of their state, an exempli- Y ' on ? New 
fixation of an act of the legislature thereof, ratifying 1778.' 
the articles of confederation as passed by congress, with ^ ee .? r ] e " 
a proviso that the same shall not be binding on the ante, 
state until all the other states in the union ratify the p ' ' 
same. 

The delegates from New-Jersey being called on, laid Report 
before congress a representation of the Legislative Coun- Jersey, 
cil and General Assembly of their state respecting the 
articles of confederation, as follows : 

" To the United States in congress assembled : The Repre- 
representation of the legislative council and general sentatl0n * 
assembly of the state of New Jersey, showeth ; that 
the articles of confederation and perpetual union, be- 
tween the states of New Hampshire, &c, (naming 
them) proposed by the honorable the congress of the 
said states, severally for their consideration, have been 
44 



690 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The arti- fully and attentively considered, on which we beg leave 

cle«ofcon- t remark as follows: 
lederation ' • 

in con- First. In the fifth Article, where, among other things, 

1778-81. the qualifications of the delegates from the several 
Reports states are described, there is no mention of any oath, 
colonies. * est > or declaration, to be taken or made by them pre- 
Report vious to their admission to seats in congress. It is, in- 
Jereey!** deed, to De presumed the respective states will be care- 
ful that the delegates they send to assist in managing 
the general interests of the union, take the oaths to the 
government from which they derive their authority, 
but as the United States, collectively considered, have 
interests as well as each particular state, we are of opin- 
ion that some test or obligation, binding upon each 
delegate while he continues in the trust, to consult and 
As to oath pursue the former as well as the latter, and particu- 
office. i ar iy to assent to no vote or proceeding which may vio- 
late the general confederation, is necessary. The laws 
and usages of all civilized nations evince the propriety 
of an oath on such occasions, and the more solemn and 
important the deposit, the more strong and explicit 
ought the obligation to be. 
As to the "Second. By the sixth and ninth Articles, the regu- 
of trade° Q lation of trade seems to be committed to the several 
states within their separate jurisdictions in such a de- 
gree as may involve many difficulties and embarrass- 
ments, and be attended with injustice to some states in 
the union : We are of opinion that the sole and exclu- 
sive power of regulating the trade of the United States 
with foreign nations, ought to be clearly vested in the 
congress ; and that the revenue arising from all duties 
and customs imposed thereon ought to be appropriated 
to the building equipping and manning a navy, for the 
protection of the trade and defence of the coasts, and 
to such other public and general purposes as to the 
congress shall seem proper, and for the common benefit 
of the states. This principle appears to us to be just, 
and it may be added that a great security will by this 



THE UNITED STATES OP AMERICA. 691 

UNDER THE DECLARATION OF INDEPENDENCE. PaUT IV. 

means be derived to the union from the establishment The arti- 
of a common and mutual interest. cies of 

contedera- 

" Third. It is wisely provided in the sixth Article, tion in 
that no body of forces shall be kept up by any state in i^f-sT.' 
time of peace, except such number only as in the Reports 
judgment of the United States in congress assembled, colonies 6 
shall be deemed requisite to garrison the forts neces- 
sary for the defence of such states : We think it ought Report 
also to be provided and clearly expressed, that no body j om New 
of troops be kept up by the United States in time of 
peace, except such number only as shall be allowed by 
the assent of nine states. A standing army, a military 
establishment, and every appendage thereof, in time 
of peace, is totally abhorrent from the ideas and prin- 
ciples of this state. In the memorable act of congress, As to a 
declaring the united colonies free and independently 1118 
states, it is emphatically •mentioned as one of the 
causes of separation from Great Britain, that the sov- 
ereign thereof had kept up among us, in time of peace, 
standing armies without the consent of the legislatures. 
It is to be wished the liberties and happiness of the 
people may, by the confederation, be carefully and 
explicitly guarded in this respect. 

"Fourth. On the eighth Article we observe, that as As to the 
frequent settlements of the quotas for supplies an d settlement 
aids to be furnished by the several states, in support 
of the general treasury, will be requisite, so they ought 
to be secured. It cannot be thought improper or un- 
necessary to have them struck once at least in every 
five years, and oftener if circumstances will allow. 
The quantity or value of real property in some states 
may increase much more rapidly than in others, and 
therefore the quota which is at one time just, will at 
another be disproportionate. 

" Fifth. The boundaries and limits of each state As to the 
ought to be fully and finally fixed and made known. bou ° dar »«> 
This we apprehend would be attended with very salu- 
tary effects by preventing jealousies as well as contro- 



692 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union op the colonies 

The arti- versies, and promoting harmony and confidence among 
confcdera- tne states - . If the circumstances of the times would 
tion in no t admit of this, previous to the proposal of the con- 
1778-81.' federation to the several states, the establishment of 
Reports the principles upon which, and the rule and mode by 
colonies, which, the determination might be conducted, at a time 
more convenient and favorable for dispatching the 
Report same at an early, period, not exceeding five years from 
Jersey. the nna ^ ratification of the confederation, would be 
satisfactory. 

"Sixth. The ninth Article provides, that no state 
shall be deprived of territory for the benefit of the 
United States; whether we are to understand, that by 
territory is intended any land, the property of which 
was heretofore vested in the crown of Great Britain : 
or that no mention of such land is made in the confed- 
eration, we are constrained to observe, that the present 
war, as we always apprehended, was undertaken for 
the general defence and interest of the confederating 
colonies, now the United States. 
As to dis- "It was ever the confident expectation of this state, 
oTpubUc * nat t ue benefits derived from a successful contest were 
domain, to be general and proportionate ; and that the property 
of the common enemy, falling in consequence of a 
prosperous issue of the war, would belong to the Uni- 
ted States, and be appropriated to their use : We are 
therefore greatly disappointed in finding no provision 
made in the confederation for empowering the congress 
to dispose of such property ; but especially the vacant 
and unpatented lands, commonly called the crown 
lands, for defraying the expenses of the war, and for 
such other public and general purposes. The jurisdic- 
tion ought in every instance to belong to the respective 
states within the charter or determined limits of which 
such lands may be seated ; but reason and justice must 
decide, that the property which existed in the crown 
of Great Britain, previous to the present revolution, 
ought now to belong to the congress in trust for the 



THE UNITED STATES OP AMERICA. 693 

UNDER THE DECLARATION OF INDEPENDENCE. PaKT IV. 

use and benefit of the United States. They have The arti- 
fought and bled for it, in proportion to their respective cles ,°j 
abilities, and therefore the reward ought not to be pre- tion in 
dilectionally distributed. ml-sh 

" Shall such states as are shut out by situation from Reports 
availing themselves of the least advantage from this c l °o n j e ® 
quarter, be left to sink under an enormous debt, while 
others are enabled, in a short period, to replace all 
their expenditures from the hard earnings of the whole 
confederacy ? 

"Seventh. The ninth Article also provides that the 
requisition for the land forces to be furnished by the Report 
several states shall be proportioned to the number of j ei . se y. 
white inhabitants in each. In the act of Independence 
we find the following declaration : ' We hold these 
truths to be self-evident, that all men are created 
equal ; that they are endowed by their Creator with As to land 
certain inalienable rights, among which are life, liberty, orce ' 
and the pursuit of happiness : " — of this doctrine it is 
not a very remote consequence, that all the inhabitants 
of every society, be the colour of their complexion 
what it may, are bound to promote the interest thereof, 
according to their respective abilities. They ought, 
therefore, to be brought into the account on this occa- 
sion. But admitting necessity or expediency to justify 
the refusal of liberty in certain circumstances, to per- 
sons of a particular colour, we think it unequal to 
reckon upon such in this case. Should it be improper, 
for special local reasons, to admit them in arms for the 
defence of the nation, yet we conceive the proportion 
of forces to be embodied ought to be fixed according 
to the whole number of inhabitants in the state, from 
whatever class they may be raised. 

"If in the whole number of inhabitants, in a state 
whose inhabitants are all whites, both those who are 
called into the field and those who remain to till the 
ground, and labor in mechanical arts and otherwise, are 
reckoned in the estimate for striking the proportion of 



694 THE GOVERNMENTAL HISTORY OP 



Part IV. the revolutionary union of tiie colonies 

Thearti- forces to be furnished by that state, ought even a part 
confedcra- °*" tne ^ atter description to be left out in another ? As 
tion in it is of indispensable necessity in every war, that a 
ml-sT.' P ai "t of the inhabitants be employed for the uses of 
Reports husbandry and otherwise at home, while others are 
colonies! called into the field, there must be the same propriety 
that others of a different colour, who are employed for 
this purpose in one state, while whites are employed 
for the same purpose in another, be reckoned in the 
account of the inhabitants in the present instance. 
"Eighth. In order that the quota of troops to be 
Report furnished in each state, On occasion of a war, may be 
Jersey. equitably ascertained, we are of opinion, that the in- 
habitants of the several states ought to be numbered 
as frequently as the nature of the case will admit, and 
As to once at least every five years. The disproportioned 
oensus. increase in the population of different states may ren- 
der such provision absolutely necessary. 

"Ninth. It is provided in the ninth Article, that the 
assent of nine states out of the thirteen shall be neces- 
sary to determine in sundry cases of the highest con- 
Consent cern. If this proportion be proper and just, it ought 
states 16 t° ^ e kept up should the states increase in number, 
and a declaration thereof be made for the satisfaction 
of the union. 

" That we think it our indispensable duty to solicit 
the attention of congress to these considerations and 
remarks, and to request that the purport and meaning 
of them be adopted as part of the general confedera- 
tion ; by which means we apprehend the mutual inter- 
ests of all the states will be better secured and pro- 
moted ; and that the legislature of this state will then 
be justified in ratifying the same. 
Motion on " Whereupon it was moved, that the several articles 
the report. j n ^ lQ confederation, referred to in the foregoing rep- 
See p. 703. resentation, be so far re-considered as to admit the 
purport and meaning of the additions, alterations, and 
amendments, proposed in the said representation : 
Passed in the negative, 3 ayes, 6 noes, 1 divided : 



THE UNITED STATES OP AMERICA. 695 

UNDER THE DECLARATION OF INDEPENDENCE. PaRT IV. 

The delegates from Pennsylvania being next called The ar- 
on, moved the following amendments in behalf of confedera- 
their state : tion iQ 

congress, 

" First. In the first paragraph of the fifth Article, ms-si. 
dele the words ' for the remainder of the year.' Passed Reports 
in the negative, 2 ayes, 8 noes, 1 divided. colonies. 

" Second. That such part of the ninth Article as Report 
respects the post office, be altered or amended, so as that sylvania. 
congress be obliged to lay the accounts annually before *jj ee f ? r , e " 

(.lOlltliXlS, 

the legislatures of the several states. Passed in the p. 682. 
negative, 2 ayes, 9 noes. 

" Third. In the fifth paragraph of the ninth Article , 
expunge the word white. Passed in the negative, 
3 ayes, 7 noes, 1 divided. 

" Fourth. In the last section of the ninth Article, after 
the word ' delegates,' add ' respectively.' Passed in 
the negative, 1 aye, 10 noes. 

The delegates from Virginia being next called on, Report 
informed congress that they were empowered to ratify, jj^ 
in behalf of their state, the articles of confederation, See p. 683. 
as they now stand. 

The delegates from South Carolina were next called Report 
on, and moved the following amendments in behalf of g°™ h Car _ 

their State. olina, see 

"First. In Article 4, between the words 'free inhabit- Tqu. 
ants ' insert ' white.' Passed in the negative, 2 ayes y 
8 noes, 1 divided. 

" Second. In the next line, after the words ' these 
states,' insert ' those who refuse to take up arms in 
defence of the confederacy.' Passed in the negative, 
3 ayes, 8 noes. 

" Third. After the words, ' the several states,' insert 
' according to the law of such states respectively for 
the government of their own free white inhabitants.' 
Passed in the negative, 2 ayes, 8 noes, 1 divided. 

" Fourth. After the words ' of which the owner is an 
inhabitant,' insert ' except in cases of embargo.' 
Passed hi the negative, 2 ayes, 9 noes. 



696 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies. 

The a:- " Fifth. In the first paragraph of the fifth Article, 

oonfedera- strike out- 'first Monday in November,' and insert 
tion m t nineteenth day of April.' Passed in the negative, 

congress, . . 07 

1778-81. 1 aye, 9 noes, 1 divided. 

Reports c< £^/ i# T_ n the second paragraph of the fifth Article, 
colonies, substitute ' three ' in the place of ' two ; ' and ' two ' in 
the place of ' three,' and ' four ' in the place of ' six.' 
Passed in the negative, 2 ayes, 9 noes. 

" Seventh. In the third paragraph, for ' committee,' 
read ' grand council.' Passed in the negative, 1 aye, 
9 noes, 1 divided. 

" Eighth. In the first paragraph of the sixth Article, 
Report f or < prince or state ' read ' prince or foreign state,' ex- 
South Car- cept the same be upon the subject of commerce, nor 
ohna. then g0 as to interfere with any treaty or alliance of 
the United States made, or treaty proposed, by con- 
gress.' Passed in the negative, 2 ayes, 9 noes. 

Ninth. In the second paragraph of the sixth Article, 
strike out ' by some nations of Indians,' and after the 
words ' to invade such state,' insert ' or upon requisi- 
tion to assist a sister state actually invaded or threat- 
ened with an invasion.' Passed in the negative, 3 ayes, 
8 noes. 

" Tenth. In the first paragraph of the seventh Ar- 
ticle, strike out, ' of or under the rank of colonel,' and 
after ' shall be appointed,' insert ' and commissioned.' 
Passed in the negative, 2 ayes, 8 noes, 1 divided. 

" Eleventh. At the end of the seventh Article add, 
* the troops to be raised shall be deemed the troops of 
that state by which they are raised. The congress, or 
grand council of the states, may, when they think 
proper, make requisition to any state for two-thirds of 
the troops to be raised ; which requisition shall be bind- 
ing upon the said states respectively ; but the remain- 
ing third shall not be liable to be drawn out of the 
state in which they are raised, without the consent of 
the executive authority of the same. When any forces 
are raised, they shall be under the command of the 



THE UNITED STATES OP AMERICA. 697 

UNDER THE DCELARATION OF INDEPENDENCE. PART IV. 

executive authority of the state in which they are so The ar- 
raised, unless they be joined by troops from any other ^^^^ 
state, in which case the congress, or grand council, may tion in 
appoint a general officer to take the command of the i^f-si.' 
whole : and until the same can be done, the command Reports 
shall be in the senior officer present, who shall be ame- co i on i es , 
liable for his conduct to the executive authority of the 
state in which the troops are, and shall be liable to be 
suspended thereby. The expenses of the troops so to 
be raised shall be defrayed by the state to which they 
belong ; but when called into service by the United 
States they shall be fed and paid at the expense of the 
United States.' Passed in the negative 2 ayes, 9 noes. 

" Twelfth. In the first line of the eighth Article, 
strike out ' charges of war and all other.' Passed in 
the negative, 2 ayes, 8 noes, 1 divided. 

" Thirteenth. In the same Article, strike out ' accord Report 
ing to such mode as the United States in congress g™^ Cap< 
assembled, shall from time to time direct and appoint ;' olina. 
and instead of ' and improvements thereon shall be 
estimated,' read ' and improvements thereon shall by 
periods of years not exceeding ten, as often as may be 
required by congress, be generally estimated by persons 
to be appointed by the legislatures of the respective 
states to value the same upon oath.' Passed in the 
negative, 2 ayes, 9 noes. 

"Fourteenth. In the first paragraph of Article the 
ninth, strike out ' appointing courts for the trial of pira- 
cies and felonies committed on the high seas,' and in 
lieu thereof insert, ' declaring what acts committed on 
the high seas shall be deemed piracies or felonies.' 
Passed in the negative, 2 ayes, 9 noes. 

"Fifteenth. In the second paragraph of the ninth 
Article, for ' be the last resort on appeal,' read ' decide 
and determine ; ' and strike out ' all that relates to the 
mode of settling differences between states, and contro- 
versies concerning private right of soil.' Passed in the 
negative, 2 ayes, 9 noes. 



698 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The ar- " Sixteenth. In the fifth paragraph of the ninth Ar- 

confedera- '* c ^> a *" ter tne W0I "ds, ' m an y term °f>' Strike out 

tion in < three,' and insert * two.' Passed in the negative, 2 

congress, rt 

1778-81. ayes, 9 noes. 

Reports « Seventeenth. In the sixth paragraph of the ninth 

colonies. Article, for ' unless nine states,' read ' unless eleven 

states.' Passed in the negative, 2 ayes, 9 noes. 

" Eighteenth. At the end of the same paragraph, 
strike out the words, ' in congress assembled.' Passed 
in the negative, 1 aye, 10 noes. 

" Nineteenth. In the last paragraph of the ninth Ar- 
ticle, after the words, ' and the yeas and nays of the 
Report delegates of each state on,' for ' any,' read ' every,' and 
South Car- strike out the words, ' when it is desired by any dele- 
olina. gate.' Passed in the negative, 2 ayes, 9 noes. 

" Twentieth. In the same sentence, strike out, ' a 
state or,' and also ' at his or their request,' and after 
the words ' and the,' insert ' respective states or the ; ' 
and after ' shall,' insert ' upon requisition.' Passed in 
the negative, 1 aye, 10 noes. 

" Twenty-first. Amend the last clause of the thir- 
teenth Article, so as to read ' unless such alteration be 
agreed to by eleven of the United States in congress 
assembled, and be afterwards confirmed by the legisla- 
tures of eleven of the United States.' Passed in the 
negative, 3 ayes, 6 noes, 2 divided. 
Report The delegate from Georgia being called on, informed 

Georgia, congress that he had not yet received any instructions 
See p. 684, or orders from his constituents respecting the articles 
of confederation ; but that his state having shown so 
much readiness to ratify them even in an imperfect 
state, and it being so much for their interest that the 
confederation should be ratified, he had no doubt of 
their agreeing to the articles as they now stand. 
Delaware Delaware and North Carolina, not having delegates 
Carolina! present in congress no report was received from them, 
See p. 683, except what is contained in Governor Caswell's letter 

702 706 

informing the president that the legislature of North 



THE UNITED STATES OP AMERICA. 699 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

Carolina had agreed to the articles of confederation : The ar- 

-rr,, ., tides of 

Whereupon it Was confedera- 

" Ordered That a committee of three be appointed to tion in 

• <» n i • i congress, 

prepare the form of a ratification of the articles ol con- 1778-81. 
federation. 

Mr. R. H. Lee, Mr. G. Morris, and Mr. Dana, Committee 
were appointed on this committee, and on the twenty- f or m of 
sixth day of June, reported a draft form, which was™^ fica " 
adopted by congress, as follows, viz. : 
" To all to whom these presents shall come : We, the dele- 
gales of the states affixed to our names, send greeting: 
" Whereas the delegates of the United States of Amer-Form f 
ica, in congress assembled, did, on the fifteenth day of reported 
November, in the year of our Lord one thousand seven bythecom- 
hundred and seventy-seven, and in the second year of adopted by 
the Independence of America, agree to certain articles j°°f r i*» 8 
of confederation and perpetual union between the states 
of New Hampshire ; Massachusetts Bay ; Rhode Island 
and Providence Plantations ; Connecticut ; New York ; 
New Jersey; Pennsylvania; Delaware; Maryland; Vir- 
ginia; North Carolina; South Carolina; and Georgia; 
in the words following, viz.: (Articles inserted at 
length.*) Which articles were by congress proposed * See Arti- 
to the legislatures of all the United States, to be con- cesp ' 
sidered ; and if approved of by them, they were advised 
to authorize their delegates to ratify the same in the 
congress of the United States : And whereas it hath 
pleased the Great Governor of the world to incline the 
hearts of the legislatures we respectively represent in 
congress, to approve of, and to authorize us to ratify, 
the said articles of confederation and perpetual union, 
Know ye, that we, the undersigned delegates, by virtue 
of the power and authority to us given for that purpose, 
do, by these presents, in the name and in behalf of our 
respective constituents, fully and entirely ratify and 
confirm each and every of the said articles of confede- 
ration and perpetual union, and all and singular the 
matters and things therein contained. 



700 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The ar- "And we do further solemnly plight and engage the 

confedera- faith of our respective constituents, that they shall abide 
tion in Dy the determinations of the United States in congress 

congress, , i i -n • . . -, Z. 

1778-81. assembled, on all questions, which by the said confede- 
Form of ration are submitted to them ; and that the articles 
adopted by thereof shall be inviolably observed by the states we 
congress respectively represent; and that the union shall be per- 
petual. 

"In witness whereof we have hereunto set our hands 

this day of , in the year of our Lord one 

thousand seven hundred and seventy-eight, and in the 
* * * year of the Independence of the United States 
of America." 

Immediately after the adoption thereof, it was 
Ordered to "Ordered, That a copy of the articles of confedera- 

be engross- 

ed. tion, with the above ratification, be engrossed on parch- 

ment, in order that the same may be signed before con- 
gress adjourn from this place." 

The engrossed copy was laid before congress for rati- 
fication on the ninth day of July following, when the 
following resolution was adopted : 
Resolution "Resolved, That in the ratification of the articles 
grossment. °f confederation, to be signed by the delegates, the fol- 
lowing words be omitted, to wit: 'which articles were 
Omission. D J congress proposed to the legislatures of the United 
States to be considered ; and, if approved by them, they 
are advised to authorize their delegates to ratify the 
same in the congress of the United States.'" 

The ratification, engrossed on a roll of parchment, 

was then examined ; and the blanks in the third line 

from the bottom being filled up, at the table, with the 

words "ninth" and "July"; and the blank in the last 

Signing of li ne with the word "third;" the same was signed on 

and ratifi- the part and behalf of their respective states, agreeably 

cation £ |.} 1C p 0Wers vested in them, by the delegates from 

by eight of r t»i 1 % 1 j i 

the colo- New Hampshire, Massachusetts Bay, Rhode Island and 
July 9th. Providence Plantations, Connecticut, New York, Penn- 
sylvania, Virginia, and South Carolina. 



THE UNITED STATES OF AMERICA. 701 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

The delegates from the states of New Jersey, Dela- The ar- 
ware, and Maryland, informed congress that they had CO nfedera- 
not yet received powers to ratify and sign. North tion in 

J congress, 

Carolina, whose legislature had ratified the articles of 1778-81. 
confederation ; and the state of Georgia ; were not at States not 

• a -n signing. 

this date represented in congress. Alter the ratifica- 
tion was completed by the delegates present who were 
empowered to sign the same, it was 

" Resolved, That a committee of three be appointed Resolution 
to prepare a Circular Letter to the states in this union 
that have not hitherto authorized their delegates to ratify 
the confederation, informing such states how many 
and what states had already ratified the same, and de- 
siring that such states will, with all convenient dispatch, 
authorize their delegates to ratify the confederation in 
the congress of the United States." 

Mr. Lee, Mr. Dana and Mr. G. Morris, were accord- Committee 
ingly appointed a committee for this purpose. On the an dr°p 0rti 
tenth day of July, the next day after their appointment, 
the committee reported a draft letter to congress, which, 
being read and amended, was adopted as follows, viz. : 

" Sir, — Congress, intent upon the present and future Circular 
security of these United States, has never ceased to letter of .„ 

J ' congress to 

consider a confederacy as the great principle of union, the coio- 
which can alone establish the liberty of America, and na d not 
exclude forever the hopes of its enemies. Influenced authorized 
by considerations so powerful, and duly weighing the cation, 
difficulties which oppose the expectation of any plan j^ 11 ' 
being formed that can exactly meet the wishes and 
obtain the approbation of so many states, differing 
essentially in so many points; congress have, after 
mature deliberation, agreed to adopt without amend- 
ments the confederation transmitted to the several 
states for their approbation. The states of New Hamp- 
shire, Massachusetts Bay, Rhode Island and Provi- 
dence Plantations, Connecticut, New York, Pennsyl- 
vania, Virginia, North Carolina, and South Carolina, 
have ratified the same; and it remains only for your 



702 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

Thear- state with those f ***** to conclude the 
confedera- glorious compact, which, by uniting the wealth, strength 
tion m an( j councils of the whole, may bid defiance to external 

congress, g ' J 

1778-81. violence and internal dissensions, whilst it secures the 
public credit both at home and abroad. Congress is 
willing to hope that the patriotism and good sense of 
your state will be influenced by motives so important ; 
and they request, sir, that you will be pleased to lay 
Circular this letter before the legislature f ***** in 
thereon- order that, if they judge it proper, their delegates may 
gress. be instructed to ratify the confederation with all con- 
venient dispatch; trusting to future deliberations to 
make such alterations and amendments as experience 
may show to be expedient and just. 

I have the honor to be, &c." 



Report and On Monday, July thirteenth, Mr. Telfair, a delegate 
by dele- from Georgia, attended and produced the credentials 

gates from f ^he delegates of that state : And on the twenty- 
Georgia, ° ^ 
July, 1778. third day of the same month the delegates laid before 

^ P P;„ the congress the proceedings of the assembly of that 

684, 698. ° r ° i • -i 

state respecting the articles of confederation, which 
were read. On the twenty-fourth, the delegates pres- 
ent, George Walton, Edward Telfair, and Edward 
Langworthy, pursuant to the powers vested in them, 
signed the ratification of the articles of confederation. 
Report and On the sixteenth day of July, Mr. Perm, a delegate 
byS?** fr° m North Carolina, attended the congress and pro- 
gates from duced the credentials of the delegates from that state, 
Carolina, which was a commission signed by Gov. Caswell and 
July, 1778. certified by the secretary, notifying them of their elec- 
Seep ' 683 'tion, and also certifying that they were respectively 
thereby "invested with such powers as may make any 
act done by you, or consent given in 'the said congress 
in behalf of this state, obligatory upon every inhabit- 
ant thereof." Pursuant to the power thus vested in 
them the delegates, John Penn, Cornelius Harnett and 
John Williams, affixed their names to the ratification of 



THE UNITED STATES OP AMERICA. 703 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

the articles of confederation, in behalf of that state, The arti- 
July 22d, 1778.* J-g^ 

On the twenty-fifth day of November, Mr. With- tion in 
erspoon, a delegate from the state of Neio Jersey, 177I-8I* 
attended and laid before congress powers to the dele- 
gates of that state to ratify the confederation, which 
were read as follows: 

"L. S. By his excellency, William Livingston, Es- Farther re- 
quire, Governor, Captain-general, and Commander-in- ^ rt ^L the 
chief, in and over the state of New Jersey and territo- from New 
ries thereunto belonging, Chancellor and Ordinary in Nov^Vys. 
the same. To all to whom these presents shall come, 
greeting : Know ye, that among the records in the 
secretary's office, in the state of New Jersey, there is 
a certain instrument in writing purporting to be an act 
of the council and general assembly of the said state, 
which said act is contained in the words and tenor here 
following, to wit : 

" An act to authorize and impower the delegates 
of the state of New Jersey in congress, to subscribe 
and ratify the articles of confederation and perpetual 
union between the several states. 

" Wliereas, articles of confederation and perpetual 
union between the states of ***** * signed 
in the congress of the said states, by the Honorable 
Henry Laurens, Esquire, their president, have been 
laid before the legislature of this state, to be ratified 
by the same if approved : And whereas, notwithstand- 
ing the terms of the said articles of confederation and 
perpetual union are considered in divers respects une- 
qual, and disadvantageous to this state, and the objec- 
tions to several of the said articles lately stated and See p. 689. 
sent to the general congress aforesaid, on the part of 
this state, are still viewed as just and reasonable, and 
sundry of them as of the most essential moment to the*j ournals 
welfare and happiness of the good people thereof : yet, of con - 
under the full conviction of the present necessity of 
acceding to the confederacy proposed, and that every 



704 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The arti- separate and detached state interest ought to be post- 
co^federa- poned to the general good of the union ; And moreover, 
tion in j n fi rm reliance that the candor and justice of the sev- 

congress 

ms-si.' eral states will, in due time, remove, as far as possible, 
the inequality which now subsists : 

" Section 1st. Be it enacted, by the Council and 
General Assembly of this state, and it is hereby enacted 
Powers by the authority of the same, that the honorable John 
cado^b 6 * Witherspoon, Abraham Clarke, Nathaniel Scudder, and 
the dele- Elias Boudinot, Esquires, delegates representing this 
NewJer- m state in the congress of the United States, or any 
sey, Nov., one or more f them, be and they hereby are, author- 
ized, impowered, and directed, on behalf of this state, 
to subscribe and ratify the said articles of confedera- 
tion and perpetual union between the states afore- 
said. 

" Sect. 2d. And be it further enacted, by the au- 
thority aforesaid, that the said articles of confederation 
and perpetual union, so as aforesaid subscribed and 
ratified, shall thenceforth become conclusive as to this 
state, and obligatory thereon. 

"In testimony whereof, the great seal of the said 
state of New Jersey is hereunto affixed, at Trenton, 
the twentieth day of November, in the year of our 
Lord one thousand seven hundred and seventy-eight ; 
and in the third year of the Independency of the 
United States of America. 

"William Livingston. 
"By his Excellency's command, 

" Bowes Reed, Secretary" 

Ratifiea- In pursuance of these powers, the delegates of New 
Nov.°26th Jersey signed the ratification of the articles of confed- 
W*- eration and perpetual union, November 26th, 1778. 



That a Protestant Christianity has at all times been 
recognized by the people of America as an essential 
element in their constitutional and political organisms, 



THE UNITED STATES OF AMERICA. 705 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

lias been made fully apparent in the progress of this The arti- 
history. We find an ample recognition of it by the ^nfeder 
congress in one of the first acts of their first session, tion in 
and at every subsequent meeting, in the appointment i^g-s'i.' 
of chaplains, whose services were daily put in requisi- 
tion. We find it recognized in their Manifesto upon 
taking up arms ; in their petitions to the king, their 
addresses to the people of Great Britain, and to the Constit 
inhabitants of America. We find it also in the Decla-tionai re- 
ration of their Independence ; in their address on the f "potest - 
state of public affairs upon the ratification of the antisrn b y 

congress 

treaty with France. We find it again in their recent 
circular letter to the states with reference to the adop-See p. 663. 
tion of the articles of confederation. And now, in the 
very midst of the most absorbing cares and pressing 
responsibilities which could occupy their attention, 
elated by the favor with which those articles had been 
thus far received by the several colonies, they put forth 
to the world an expressive recognition of it, by ordering ; 

"That the Chaplains of Congress prepare and report Resolution 
a recommendation to the several states, to set apart {or , *s ene - 

r ral thanks- 

the thirtieth day of December next, as a day of gen- giving, 
eral thanksgiving throughout the United States.'' Nov., 1^78. 

Pursuant to this resolution, the Chaplains prepared 
and reported a recommendation ; which, being read 
and amended, was adopted, November seventeenth, Report on. 
1778, as follows, viz.: 

"It having pleased Almighty God, through thcTheproc- 
course of the present year, to bestow many great and lamation > 
manifold mercies on the people of these United States ; 
and it being the indispensable duty of all men grate- 
fully to acknowledge their obligations to him for bene- 
fits received : 

"Resolved, That it be and hereby is recommended Thanks- 
to the legislative or executive authority of each of the g j.IiSe ""* 
said states, to appoint Wednesday, the thirtieth of De- 
cember next, to be observed as a day of public thanks- 
giving and praise : that all people may, with united 
45 



706 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary ttnion of the colonies 

The arti- hearts, on that day, express a just sense of His unmer- 
ctofedera- ^ te< ^ ^ avors '■> particularly in that it hath pleased Him, 
tion in by His over-ruling Providence, to support us in a just 

congress 

1778-81.' and necessary war for the defence of our rights and 
Proclama- liberties ; by aflbrding us seasonable supplies for our 
general '* armies ; by disposing the heart of a powerful monarch 
thankegiv- t enter into an alliance with us, and aid our cause ; 

ing by con- , 7 

gress, Nov. by defeating the councils and evil designs of our ene- 
17th, 1778. m j CSj an( j giving us victory over their troops ; and by 
the continuance of that union among these states, 
which, by His blessing, will be their future strength 
and glory. 
Penitence "And it is further recommended, that, together with 
fession. devout thanksgiving, may be joined a penitent confes- 
sion of our sins, and humble supplication for pardon 
through the merits of our Saviour ; so that, under the 
smiles of Heaven, our public councils may be directed, 
our arms by land and sea prospered, our liberty and 
Invoca- independence secured, our schools and seminaries of 
learning flourish, our trade be revived, our husbandry 
and manufactures increased, and the hearts of all im- 
pressed with undissembled piety, with benevolence, and 
zeal for the public good. 
To abstain "And it is also recommended, that recreations unsuit- 
a t^ recrc ' able to the purpose of such a solemnity may be omit- 
ted on that day. 

"Done in Congress, this 17th day of November, 1778, 
and in the third year of the Independence of the Uni- 
ted States of America." 



Report Delaware, from whatever cause, seems to have been 

from Dda-j n a ve ^ di s t ur bed condition during the year 1778, so 
See pp. that no action was taken by her legislature on the arti- 
683, 698. c j es f confederation. On the sixth of November of 
that year, " a letter of the fourth, from Mr. President 
Rodney, of the state of Delaware, was laid before Con- 
gress," informing them "that the members of the 
House of Assembly have, by some means or other, in 



THE UNITED STATES OF AMERICA. 707 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

the course of the second and third instant, dispersed ; The arti- 
and thereby the house dissolved without having com- ^nfedera- 
pleted any one piece of business laid before them." t[on in 

congress 

Whereupon it was " Resolved, That the president ms-si. 
write to the honorable C. Rodney, Esquire, president Resolution 
of the state of Delaware, and request him to call the 
assembly of that state together as soon as possible."* 

On Tuesday, the sixteenth day of February, 1779, 
Mr. McKeane, a delegate from Delaware, laid before the 
congress an act of the general assembly of that state, 
duly authenticated by the seal of the state and the cer- 
tificate of the governor, in the words and figures fol- 
lowing, to wit : 

"Anno Millessimo Septingentessimo Septuagessimo'Powevs 
nono. An act to authorize and empower the delegates catio^ by" 
of the Delaware State, to subscribe and ratify the arti- the dele - 

■t p i i t i.i i gates from 

cles ot confederation and perpetual union between the Delaware, 
several states of (naming them), signed in the general ^q 16 ' 
congress of the said states by the honorable Henry Lau- 
rens, Esquire, their then president, having been laid 
before the legislature of this state, to be ratified by the 
same, if approved : And whereas, notwithstanding the 
terms of the articles of confederation and perpetual 
union, are considered as in divers respects unequal and 
disadvantageous to this state, and the objections stated 
on the part of this state are viewed as just and reason- 
able, and of great moment to the welfare and happiness 
of the good people thereof, yet, under the full convic- 
tion of the present necessity of acceding to the con- 
federacy proposed, and that the interest of particular 
states ought to be postponed to the general good of the 
union, and moreover, in firm reliance that the candor 
and justice of the several states will, in due time, re- 
move as far as possible, the objectionable parts thereof: 
Be it enacted by the General Assembly of Delaware, and* Journals 
it is hereby enacted by the authority of the same, that of Con - 
the honorable John Dickinson, Nicholas Van Dyke, and 
Thomas McKeane, Esquires, delegates appointed to rep- 



708 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The arti- resent this state in congress, or any one or more of them, 
confedera- ^ e anc * tnc ^ nere ky are, authorized, empowered and di- 
tion in rected, on behalf of this state, to subscribe and ratify 
1778-81.' tne said articles of confederation and perpetual union 
Towers between the several states aforesaid. 
cation by "And be it further enacted by the authority aforesaid, 
Delaware, that the sa ^ ar ticles of confederation and perpetual 
1779. ' union, so as aforesaid subscribed and ratified, shall 
thenceforth become obligations on this state. 
Signed by order of the House of Assembly. 

Nicholas Yan Dyke, Speaker. 
Signed by the order of the council. 

Thomas Collins, PresH. 
Passed at Dover, February 1st, 1779." 
Mr. McKeane thereupon signed the articles of con- 
federation on behalf of the state of Delaware, which 
May 5, were afterwards* signed also by Mr. Dickinson and Mr. 
Van Dyke. 



1779. 



I have thus far carefully recorded the recognition by 
the congress of the obligations of a Protestant Chris- 
tianity, in its influence upon their acts and delibera- 
tions ; and as a material element in the organization 
of our political fabric, in their recommendation of a day 
Recom- of general thanksgiving to be set apart and observed 
mendation throughout the union. We find them now again re- 

ot a gene- ° , ° 

ralfastby peating the recognition in a recommendation of a day 
Marcb. eSS ' °f g enera l fasting, humiliation, and prayer ; prepared 
#W- in this instance, not by their chaplains, but by a com- 
mittee chosen from among their own body of statesmen. 
This constant commingling of the observances of a 
true faith with the labors of a political revolution, and 
Its politi- ti ie construction of a political confederacy of states, is 
cai devel- a development f protestantism peculiarly American, 

opments. x r , .. . , 

and is alone that which has given to our political sys- 
tems their peculiar and characteristic elements of free- 
dom, efficiency, strength, and permanency. Never be- 
fore in the annals of nations, has there been so illustri- 



THE UNITED STATES OF AMERICA. 709 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

ous an exhibition of unaffected piety in high places, or The arti- 
so much distinguished statesmanship consecrated by con f e( i era _ 
an humble dependence upon the providential care and tion in 

COn°*l'6S9 

guidance of the Almighty. Would that their example 1 778-81.' 

might produce a corresponding respect for the faith and 

observances of a pure Christianity in our own day and 

generation. 

The committee appointed for this purpose, Mr. G. Committee 

Morris, Mr. Dayton, and Mr. Paca, on the twentieth of omme^daT 

March, 1779, brought in a draft, which was taken into 1 ! 01 }, and 

tit f their re- 

consideration, and agreed to by the congress, as follows, port. 

to wit : 

" Whereas, in just punishment of our manifold trans-The proc- 
gressions, it hath pleased the Supreme Disposer of all ' 
events to visit these United States with a calamitous 
war, through which His Divine Providence hath hith- 
erto in a wonderful manner conducted us, so that we 
might acknowledge that the race is not to the swift, 
nor the battle to the strong: And whereas, notwith- Further 
standing the chastisements received and benefits be- reco s m - 
stowed, too few have been sufficiently awakened to a protest- 
sense of their guilt ; or warmed with gratitude ; or antlsm - 
taught to amend their lives and turn from their sins, 
that so He might turn from His wrath : And whereas, 
from a consciousness of what we have merited at His 
hands, and an apprehension that the malevolence of 
our disappointed enemies, like the incredulity of Pha- 
raoh, may be used as the scourge of Omnipotence to 
vindicate His slighted Majesty, there is reason to fear 
that He may permit much of our land to become the 
prey of the spoiler, our borders to be ravaged, and our 
habitations destroyed : 

"Resolved, That it be, recommended to the several The recom- 
states to appoint the first Thursday in May next, to mendatloru 
be a day of fasting, humiliation, and prayer to Almighty 
God, that he will be pleased to avert those impend- 
ing calamities which we have but too well deserved ; 
That He will grant us his grace to repent of our 
sins, and amend our lives according to His Holy 



710 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 



The arti- Word ; That He will continue that wonderful protec- 
c,es I . ol i tion which hath led us through the paths of danger and 

confedcra- or o 

tion in distress ; That He will be a husband to the widow, 
i?78-8l' an d father to the fatherless children, who weep 
over the barbarities of a savage enemy ; That He will 
grant us patience in suffering and fortitude in adver- 
sity ; That He will inspire us with humility, modera- 
tion, and gratitude, in prosperous circumstances ;- That 
He will give wisdom to our councils, firmness to our 
resolutions, and victory to our arms : That He will bless 
the labours of the husbandman, and pour forth abund- 
ance so that we may enjoy the fruits of the earth in 
due season ; That He will cause union, harmony, and 
mutual confidence, to prevail throughout these states ; 
That He will bestow on our great Ally all those bless- 
ings which may enable him to be gloriously instru- 
mental in protecting the rights of mankind, and pro- 
moting the happiness of his subjects: That He will 
Proclama- bountifully continue His paternal care to the Cona- 
tion for a mander-in- Chief, and the officers and soldiers of the 
SsTby United States ; That He will grant the blessings of 
March* 8 ' peace to all contending nations ; freedom to those who 
20th. 1779. are in bondage, and comfort to the afflicted ; that He 
will diffuse useful knowledge, extend the influence of 
true religion and give us that peace of mind which the 
world cannot give ; That He will be our shield in the 
day of battle, our comforter in the hour of death, and 
our kind parent and merciful judge through time and 
through eternity. 

" Done in congress, this twentieth day of March, in 
the year of our Lord one thousand seven hundred and 
seventy-nine ; and in the third year of our independ- 
ence. 

John Jay, President. 

Attest, Charles Thomson, Secretary." 



Further On the twentieth day of May, 1779, the delegates 

from " tT 
ginia. 



from Virginia laid before congress certain powers and 



THE UNITED STATES OF AMERICA. 711 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

instructions, given to them by the general assembly of The ar- 
their state, which were read, and were as follows, viz. : confedera- 
" In General Assembly, Saturday, the nineteenth day of tion in 

T~» J -.rrrrr. COngreSS, 

December, 1778 : 1778-81. 

" Resolved, nemine contradicente, That our delegates Further 
in congress be instructed to propose to congress, that instruc- 
they recommend to each of the states named as parties *'? ns . f r om 

J L Virginia, 

in the articles of confederation, heretofore laid before May 20th, 
and ratified by this assembly, that they authorize their 
delegates in congress to ratify the said articles, together 
with the delegates of so many other of the said states 
as shall be willing ; so that the same shall be forever 
binding on the states so ratifying, notwithstanding that 
a part of those named shall decline to ratify the same ; 
alloicing nevertheless to the said states so declining 
either a given or indefinite time, as to congress shall 
seem best, for acceding to the. said confederation, and 
making themselves thereby members of the union. 

"Resolved, ne mine contradicente, That our said dele- Delegates 
gates, now in office, or hereafter to be appointed, begrecUo" 
authorized and required, and are hereby authorized and ratif y with 

any num- 

rcquired, to ratify the said articles of confederation on ber of 

the part of this commonwealth, with so many of the f„ tates ' 
• . kee PP- 

other states named in them as parties as shall on their 683, 695. 

part ratify the same. 

"Test, A. Carey, S. S.; B. Harrison, S. H. D." 

In pursuance of these instructions and powers the Motion 
delegates from Virginia moved in the words following : thereu P on - 

" Whereas it is of the greatest importance to the 
safety, honor and interest of the United States, that the 
confederation be closed as soon as may be, and rendered 
forever binding on the states according thereto : 

"Resolved, That it be earnestly recommended to Virginia 
each of the states named as parties to the confederation, {^ratffy 
that they authorize their delegates in congress to ratify with any 
the same on or before the day of next, in states 

conjunction with the delegates of so many other of the Ma ^ 1 ^ 9 - 
said states as shall be willing ; to the end that the same 



712 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The a-- may be. thenceforward forever binding on the states so 
conledcra- ratifying, notwithstanding that a part of those named 
tion in sna n decline to ratify the same." 

1778-81? Congress took no action on this resolution. The 

delegates from Virginia then delivered in a paper signed 

by themselves in the words following, to wit: 

Declara- "Iii consequence of the foregoing instructions and 

i) 10I ner ed powers to us given, we do hereby declare, that we are 

delegates, ready and willing to ratify the confederation with any 

one or more states named therein, so that the same 

shall be forever binding upon the state of Virginia. 

Signed, "Merhveather Smith, Cyrus Griffen, Richard 
Henry Lee, William FlemingP 



Second re- The delegates from Maryland now stated that they 
port from j ^ received instructions from their constituents re- 

Maryland, 

May, 1779. specting the articles of confederation, which they were 
See page directed to lay before congress and to have entered on 

bbb. J ° 

their journals. The instructions were thereupon read 
as follows, to wit: 

" Instructions of the General Assembly of Maryland 
to George Plater, William Paca, William Carmichael, 
John Henry, James Forbes, and Daniel-of-St.-Thomas 
Jenifer, Esquires : 
Their in- "Gentlemen : having conferred upon you a trust of the 
structions. n igi ies t nature, it is evident we place great confidence 
in your integrity, abilities, and zeal, to promote the 
general welfare of the United States, and the particular 
interest of this state, where the latter is not incompati- 
ble with the former ; but to add greater weight to your 
proceedings in congress, and to take away all suspicion 
that the opinions you there deliver, and the votes you 
give, may be the mere opinions of individuals, and not 
resulting from your knowledge of the sense and delibe- 
rate judgment of the state you represent; we think it 
our duty to instruct you as followeth, on the subject of 
the confederation, a subject in which unfortunately a 
supposed difference of interest has produced an almost 



THE UNITED STATES OP AMERICA. 713 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

equal division of sentiments among the several states The ar- 
composing the union. We say a supposed difference of CO nfedera* 
interests; for if local attachments and prejudices, and tlonin 

1 J ' congress, 

the avarice and ambition of individuals, would give way 1778-81, 
to the dictates of a sound policy, founded on the prin- 
ciples of justice, (and no other policy but what is found- Second re- 

1 •» f\ -. port by the 

ed on those immutable principles deserves to be called delegates 
sound) we natter ourselves this apparent diversity °f fan^Mav" 
interests would soon vanish ; and all the states would 1779. 
confederate on terms mutually advantageous to all ; for 
they would then perceive that no other confederation 
than one so formed can be lasting. 

"Although the pressure of immediate calamities, the 
dread of their continuance from the appearance of dis- 
union, and some other peculiar circumstances may have 
induced some states to accede to the present confedera 
tion, contrary to their own interests and judgments; 
it requires no great share of foresight to predict, that 
when those causes cease to operate, the states which Distrust of 
have thus acceded to the confederation, will consider it state8# 
as no longer binding, and will eagerly embrace the first 
occasion of asserting their just rights and securing their 
independence. 

" Is it possible that those states which are ambitiously Their 
grasping at territories, to which in our judgment they ^^^ 
have not the least shadow of exclusive right, will use 
with greater moderation the increase of wealth and 
power derived from those territories, when acquired, 
than what they have displayed in their endeavors to 
acquire them? We think not. We are convinced the 
same spirit which hath prompted them to insist on a 
claim so extravagant, so repugnant to every principle 
of justice, so incompatible with the general welfare of 
all the states, will urge them on to add oppression to 
injustice. If they should not be incited by a superi- 
ority of wealth and strength to oppress, by open force, 
their less wealthy and less powerful neighbors, yet the 
depopulation, and consequently the impoverishment of 



714 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The ar- those states, will necessarily follow, which, by an unfair 

tides of* 

confedera- construction of the confederation, may be stripped of a 
tion in common interest in, and the common benefits derivable 

congress, * 

1778-8]. from, the western country. Suppose, for instance, Vir- 
ginia, indisputably possessed of the extensive and fer- 
Second re- tile country to which she has set up a claim, what would 

port by the , ' \ 

delegates be the probable consequences to Maryland of such an 
land" Jla 7 " un disturbed and undisputed possession ? They cannot 
1779 ' escape the least discerning. 

" Virginia, by selling on the most moderate terms a 
small portion of the lands in question, would draw into 
her treasury vast sums of money, and in proportion to 
the sums arising from such sales would be enabled to 
lessen her taxes: Lands comparatively cheap and taxes 
comparatively low with the lands and taxes of an ad- 
jacent state, would quickly drain the state thus disad- 
vantageous^ circumstanced of its most useful inhab- 
itants ; its wealth, and its consequence in the scale of 
the confederated states would sink of course. 
Claims to "A claim so injurious to more than one-half, if not 
land3. rn ^° ^ ne whole, of the United States, ought to be supported 
by the clearest evidence of the right. Yet what evi- 
dences of that right have been produced ? What argu- 
ments alledged in support either of the evidence or the 
right? None that we have heard of, deserving a seri- 
ous refutation. 

"It has been said that some of the delegates of a 
neighboring state have declared their opinion of the 
impracticability of governing the extensive dominion 
claimed by that^ state; hence also the necessity was 
admitted of dividing its territory and erecting a new 
state, under the auspices and direction of the elder, 
from whom no doubt it would receive its form of gov- 
ernment, to whom it would be bound by some alliance 
or confederacy, and by whose councils it would be influ- 
enced: Such a measure, if ever attempted, would cer- 
tainly be opposed by the other states, as inconsistent 
with the letter and spirit of the proposed confederation, 



THE UNITED STATES OF AMERICA. 715 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

should it take place, by establishing a sub-confederacy, The arti- 

cIgs of 

imperium in imperio: The state possessed of this ex- confedera- 
tensive dominion, must then either submit to all the tlonm 

' congress, 

inconveniences of an overgrown and unwieldy govern- 1778-81. 
ment, or suffer the authority of congress to interpose at 
a future time, and to lop off a part of its territory to 
be erected into a new and free state, and admitted into 
the confederation on such conditions as shall be settled 
by nine states. 

" If it is necessary for the happiness and tranquillity 
of a state thus overgrown, that congress should here- 
after interfere and divide its territory, why is the claim 
to that territory now made and so pertinaciously insisted 
on? We can suggest to ourselves but two motives; 
either the declaration of relinquishing at some future 
period a portion of the country now contended for, was Secon<J r e- 

i i n . . i • i j ,ii- port by the 

made to lull suspicion asleep, and to cover the designs delegates 

of a secret ambition; or if the thought was seriously j™" 1 ^£ rjm 

entertained, the lands are now claimed to reap an imme- 1779. 

diate profit from the sale." 

" We are convinced policy and justice require that a Crown 

country unsettled at the commencement of this war, lands com " 

J ' mon pro- 

claimed by the British crown, and ceded to it by the perty. 

treaty of Paris, if wrested from the common enemy by 
the blood and treasure of the thirteen states, should be 
considered as a common property, subject to be par- 
celed out by congress into free, convenient, and inde- 
pendent governments, in such manner and at such 
times as the wisdom of that assembly shall hereafter 
direct. Thus convinced we should betray the trust 
reposed in us by our constituents, were we to authorize 
you to ratify, on their behalf, the confederation, unless it 
be further explained : We have coolly and dispassion- 
ately considered the subject ; we have weighed probable 
inconveniences and hardships, against the sacrifice of 
just and essential rights, and do instruct you not to agree instructed 
to the confederation, unless an article, or articles, be no V to 
added thereto in conformity with our declaration : ra ' 7 ' 



716 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 



The arti- Should we succeed in obtaining such article, or articles, 

confedera- tlien ^ ou are liereDy full 7 empowered to accede to the 
tion in confederation." 

mf-sT.' " That these our sentiments respecting the confedera- 
tion may be more publicly known and more explicitly 
and concisely declared, we have drawn up the annexed 
declaration, which we instruct you to lay before con- 
gress ; to have it printed, and to deliver to each of the 
delegates of the other states, in congress assembled, 
copies thereof, signed by yourselves, or by such of you 
as may be present at the time of the delivery ; to the 
intent and purpose that the copies aforesaid may be 
communicated to our brethren of the United States, 
and the contents of the said declaration taken into their 

Second re- serious and candid consideration. Also we desire, and 

port by the . . , , . 

delegates instruct you to move, at a proper time, that these m- 
[^^ ry "structions be read to congress by their secretary, and 
1119. entered on the journals of congress. 

" We have spoken with freedom, as becomes freemen ; 
and we severally wish, that these our representations 
may make such an impression on that assembly as to 
induce them to make such addition to the articles of. 
confederation as may bring about a permanent union. 

"A true copy from the proceedings of December, 15th, 
1778. 

Test, T. Duchett, C. H. D." 



Further '^ ne delegates from the colony of Connecticut now also 
powers laid before congress further powers relative to the arti- 
por/of °l es °f confederation, which were read, as follows : 
delegates « State of Connecticut, ss. : At a General Assembly 
necticut, of the Governor and Company of the state of Connecti- 
See'V&X cut m America, holden at Hartford by special order of 
and 689. the governor of said state, on Wednesday the seventh 
day of April, anno domini, 1779. (l. s.) 

" It appearing to this assembly to be essentially nec- 
essary for the preservation, safety, independence and 
sovereignty of the United States of America, that the 



THE UNITED STATES OF AMERICA. 717 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

articles of confederation and perpetual union be ac-Thearti- 
ceded to, ratified, and confirmed ; and whereas, all of go^L— 
the said states, except Maryland, have agreed to and con- tion in 
firmed said articles of confederation, and Maryland ^fVi.' 
hath not acceded to said articles as drawn up, for rea- 
sons heretofore published ; and whereas the confedera- 
tion of thirteen states may not be considered as obliga- 
tory on twelve states only : 

"Resolved, That the delegates of this state in con-Empow- 
gress, be directed and empowered, and full power and ^ if to with 
authority is hereby given and granted to the said dele- eleven 

otlicrs« 

gates, in the name and behalf of this state, to enter 
into, ratify, and confirm, said articles of confederation 
and perpetual union, with the states of New Hamp- 
shire, Massachusetts Bay, Rhode Island and Providence 
Plantations, New York, New Jersey, Pennsylvania, Dela- 
ware, Virginia, North Carolina, South Carolina, and 
Georgia ; in the most full and ample manner ; always 
provided that the state of Maryland be not thereby ex- 
cluded from acceding to the confederation at any time 
hereafter. 

"A true copy of record examined by 

George Wyllys, Secretary" 



Thus tardily did the organization of the United States Govem- 
into a permanent confederacy advance towards a con- "^^ 
summation. Meanwhile, the Congress went on in the and powers 
administration of the general government of the union, gre c sg " 
without any other investiture of authority than such 
as was derived to it on taking up arms against Great 
Britain, and under the declaration of independence ; 
while the people and the states obeyed its mandates 
and complied with its requisitions, without even once 
questioning the supremacy of its power, or the justice its su- 
of its jurisdiction. Hence its own state papers become premacy ' 
the best illustration of its paramount control over the 
destinies of the nation ; while they also develop the 
patient care and solicitude, the wisdom, ability, and 
skill, with which it guarded every interest, protected 



718 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

Second every right, and ultimately harmonized the sympathies 

the^ on- and tne a * ms °^ a var i° us constituency into one grand 
gress, to brotherhood of Confederated States. In this view, we 
on public rea d with a lively interest, an address on public affairs, 
affairs, a £ ^jg cv [ s [ s reported to the congress, by Mr. Dickin- 
son, Mr. Duane, and Mr. Drat/ton, a committee ap- 
pointed to prepare the same ; which being read and 
amended, was unanimously adopted on the twenty-sixth 
day of May, 1779, as follows, to wit : 

"To the Inhabitants of the United States op 
America. 

The im- u Friends and Countrymen : The present situation of 
of the public affairs demands your most serious attention ; and 
criBis. particularly the great and increasing depreciation of 
your currency, requires the immediate, strenuous, and 
united efforts of all true friends to their country, for 
preventing an extension of the mischiefs that have 
flowed from that source. 

"America, without arms, ammunition, discipline, 
revenue, government, or ally ; almost totally stript of 
commerce, and in the weakness of youth, as it were 
with a ' staff and a sling' only, dared ' in the name of 
the Lord of Hosts' to engage a gigantic adversary, pre- 
pared at all points, boasting of his strength, and of 
whom even mighty warriors ' were greatly afraid.' " 
Expenses "For defraying the expenses of this uncommon war, 
of the war y 01ir representatives in congress were obliged to emit 
by paper paper money ; an expedient that you knew to have 
money ' been before generally and successfully practiced on 
this continent : They were very sensible of the incon- 
veniences with which too frequent emissions would be 
attended, and endeavored to avoid them. For this 
purpose they established loan offices so early as in 
October, 1776, and from that time to this repeatedly 
Financial and earnestly solicited you to lend them money on the 
n^nt naSS ' faith of the United States. The funds received on 
loan have nevertheless proved inadequate to the public 



THE UNITED STATES OP AMERICA. 719 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

exigencies. Our enemies prosecuting the war by sea Second 
and land with implacable fury, and with some success, ofuie'con- 
taxation at home and borrowing abroad in the midst gress to the 
of difficulties and dangers, were alike impracticable. f the 
Hence the continued necessity of new emissions. u -, s - A - on 

"But to this cause alone we do not impute the evil fairs, May, 
before mentioned. We have too much reason to be- ' 
lieve it has been in part owing to the artifices of men 
who have hastened to enrich themselves by monopo- 
lizing the necessaries of life, and to the misconduct of 
inferior officers employed in the public service. 

" Tfie variety and importance of the business entrusted Neglect of 
to your delegates, and their constant attendance in ^J, 68 ] t0 
congress, necessarily disables them from investigating with its re- 
disorders of this kind. Justly apprehensive of them, qmbl 10ns ' 
they by their several resolutions of the twenty-second 
November and twentieth December, 1777, and of the 
third and ninth of February, 1778, recommended to 
the legislative and executive powers of these states, a 
due attention to these interesting affairs. How far 
these recommendations have been complied with, we 
will not undertake to determine : But we hold our- 
selves bound in duty to you to declare, that we are not 
convinced there has been as much diligence used in 
detecting and reforming abuses, as there has been in 
committing or complaining of them. 

"With regard to monopolizers, it is our opinion thatMonopo- 
taxes judiciously laid on such articles as become the lizers - 
objects of engrossers, and those frequently collected, 
would operate against the pernicious tendency of such 
practices. 

"As to inferior officers employed in the public service, conduct 
we anxiously desire to call your most vigilant attention °L public 

officers 

to their conduct with respect to every species of misbe- 
haviour, whether proceeding from ignorance, negli- 
gence, or fraud ; and to the making of laws for inflict- 
ing exemplary punishment on all offenders of this 
kind. 



720 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

Second " We are sorry to hear, that some persons are so 

of thTcon- slightly informed of their own interests as to suppose 
gross to the that it is advantageous to sell the produce of their 
f t h e ' '~ farms at enormous prices, when a little reflection 
U. S A. on m ip-ht convince them that it is injurious to those inter- 

public af- ° J 

fairs, May, ests and the general welfare. If they expect thereby 
to purchase imported goods cheaper, they will be egre- 
giously disappointed ; for the merchants, who know 
they cannot obtain returns in gold, silver, or bills of 
exchange, but that their vessels, if loaded here at all, 
must be loaded with produce, will raise the price of 
what they have to sell, in proportion to the price of 
what they have to buy ; and consequently the land- 
holder can purchase no more foreign goods for the 
same quantity of his produce than he could before. 
Errors in " The evil, however, does not stop at this point. The 
^tiou^of landholder, by acting on this mistaken calculation, is 
laudhold- only labouring to accumulate an immense debt by 
increasing the public expenses, for the payment of 
which his estate is engaged ; and to embarrass every 
measure adopted for vindicating his liberty and secur- 
ing his prosperity. As the harvests of this year, which 
by the Divine goodness promise to be plentiful, will 
soon be gathered, and some new measures relating to 
your foreign concerns, with some arrangements relat- 
ing to your domestic, are now under consideration, 
from which beneficial effects are expected, we entertain 
hopes that your affairs will acquire a much greater de- 
gree of regularity and energy than they have hitherto had. 
Reliance "But we should be highly criminal, if we did not 
people and plainly tell you that these hopes are not founded 
the states, -wholly upon our own proceedings. These must be 
supported by your virtue, your wisdom, and your dili- 
gence. From the advantage of those seats in the 
national council with which you have honored us, we 
have a pleasing prospect of many blessings approaching 
this our native land. It is your patriotism must intro- 
duce and fix them here. 



THE UNITED STATES OF AMERICA. 721 

UNDER THE DECLARATION OF INDEPENDENCE. FaRT IV. 

"In vain will it be for your delegates to form plans Second 
of economy, to strive to stop a continuation of emis- a he ™^_ 
sions by taxation or loan, if you do not zealously co-g'esatothe 
operate with them in promoting their designs, and use f the 
your utmost industry to prevent the waste of money in u -^j-. A - on 
the expenditure, which your respective situations in fairs, May, 
the several places where it is expended, may enable 
you to do. A discharge of this duty, and a compliance They must 
with recommendations for supplying money, might ^° i ^ perate 
enable congress to give speedy assurances to the public gress. 
that no more emissions shall take place, and thereby 
close that source of depreciation. 

" Your governments being now established, and your 
ability to contend with your invaders ascertained, we 
have, on the most mature deliberation, judged it indis- 
pensably necessary to call upon you for forty-five mil- Call for 
lions of dollars, in addition to the fifteen millions money ' 
required by a resolution of congress of the second of 
January last ; to be paid into the continental treasury 
before the first day of January next, in the same pro- 
portion, as to the quotas of the several states, with 
that for the said fifteen millions. 

11 It appeared proper to us, to fix the first day of Janu- Necessity 
ary for the payment of the whole ; but as it is probable credit to g 
that some states, if not all, will raise part of the sums the cur- 
by installments, or otherwise, before that time, we rencr ' 
recommend in the strongest manner the paying as 
much as can be collected as soon as possible into the 
continental treasury. Though it is manifest that mod- 
erate taxation in times of peace will recover the credit 
of your currency, yet the encouragement which your 
enemies derive from its depreciation, and the present 
exigencies, demand great and speedy exertions. 

11 We are persuaded you will use all possible care to From mo- 
make the promotion of the general welfare interfere ^ n s it ofhu " 
as little as may be with the ease and comfort of indi- justice and 
viduals : But though the raising these sums should piety ' 
press heavily on some of our constituents, yet the obli- 
46 



722 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

Second gations we feel to your venerable clergy, the truly 
the con-° f h e lpl ess widows and orphans, your most gallant, gen- 
gresstotheerous, meritorious officers and soldiers, the public faith 
of the an( l the common weal, so irresistibly urge us to attempt 
u - Sj; A - on the appreciation of your currency, that we cannot with- 
fairs, May, hold obedience to those authoritative sensations : On 
177 9 " this subject we will only add, that as the rules of jus- 
tice are most pleasing to our infinitely good and gra- 
cious Creator, and an adherence to them most likely 
to obtain His favor, so they will ever be found to be 
the best and safest maxims of human policy. 

" To our constituents we submit the propriety and 

purity of our intentions, well knowing they will not 

forget that we lay no burthens upon them, but those 

Cares and m which we participate with them — a happy sympathy, 

Anxieties 

of the that pervades societies formed on the basis of equal 
congress, liberty. Many cares, many labours, and may we not 
add, reproaches, are peculiar to us. These are the 
emoluments of our unsolicited stations ; and with these 
we are content if you approve our conduct. If you 
do not, we shall return to our private condition with 
no other regret, than that which will arise from our not 
having served you as acceptably and essentially as we 
wished and strove to do, though as cheerfully and 
faithfully as we could. 
Hopeful- " Think not we despair of the commonwealth, or en- 
deavor to shrink from opposing difficulties. No ; your 
cause is too good, your objects too good, to be relin- 
quished. We tell you truths, because you are freemen 
who can bear to hear them and may profit by them ; 
and when they reach your enemies, we fear not the 
consequences, because we are not ignorant of their 
resources or our own. Let your good sense decide 
upon the comparison. Let even their prejudiced un- 
derstandings decide upon it, and you need not be ap- 
prehensive of the determination. 

" Whatever supposed advantages from plans of rapine, 
projects of blood, or dreams of domination, may here- 



ness of 
their cause 



THE UNITED STATES OP AMERICA. 723 

UNDER THE DECLARATION OP INDEPENDENCE. FART IV". 

toforc have aroused their inflamed fancies, the conduct Second 
of one monarch, the friend and protector of the rights * f t r h e ^ 3 
of mankind, has turned the scale so much against them congress 
that their visionary schemes vanish as the un whole- u. s. a. on 
some vapors of night before the healthful influence of }? l ! b!lc ^ f " 

liiiis. jji.ii y, 

the sun. 1779. 

"An alliance has been formed between his Most The 
Christian Majesty and these states, on the basis of the i^nce. 
most perfect equality, for the direct end of maintaining 
effectually their liberty, sovereignty, and independence, 
absolute and unlimited as well in matters of govern- 
ment as of commerce." * 

" The conduct of our good and great Ally towards us, * First offi- 
in this instance and others, has so fully manifested his cation of" 
sincerity and kindness as to excite, on our part, corres- 1 ! 16 * 111118 ^ 

J ' r ' the treaty. 

pondent sentiments of confidence and affection. 

" Observing' the interests of his kingdom, to which 
duty and inclination prompted his attention, to be con- 
nected with those of America, and the combination of 
both clearly to coincide with the beneficent designs of 
the Author of Nature, who unquestionably intended 
men to partake of certain rights and portions of hap- 
piness, his majesty perceived the attainment of these 
views to be founded on the single proposition of a sep- 
aration between America and Great Britain. 

" The resentment and confusion of your enemies will 
point out to you the ideas you should entertain of the 
magnanimity and consummate wisdom of his Most 
Christian Majesty on this occasion. They perceive, that 
selecting this grand and just idea from all those spe- 
cious ones, that might have confused or misled inferior 
judgment or virtue, and satisfied with the advantages its founda- 
which must result from that event alone, he has tl , on a ° d 

7 character. 

cemented the harmony between himself and these states, 
not only by establishing a reciprocity of benefits, but 
by eradicating every cause of jealousy and suspicion. 

" They also perceive with similar emotions, that the 
moderation of an Ally, in not desiring an acquisition 



724 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies. 

Second of dominion on this continent, or an exclusion of other 
address na tions from a share of its commercial advantages, so 
congress useful to them, has given no alarm to those nations, 
USA. on but m f ac ^ has interested them in the accomplishment 
public af- f his generous undertaking to dissolve the monopoly 
1119. ' thereof by Great Britain, which has already contrib- 
uted to elevate her to her present power and haughti- 
ness, and threatened, if continued, to raise both to a 
height insupportable to the rest of Europe. 
Its effect "In short their own best informed statesmen and 
nat.rns r writers confess that your cause is exceedingly favored 
by courts and people in that quarter of the world, 
while that of your adversaries is equally reprobated ; 
and from thence draw ominous and well founded con- 
clusions that the final event must prove unfortunate to 
the latter. Indeed we have the best reason to believe 
that we shall soon form other alliances, and on prin- 
ciples honorable and beneficial to these states. 
Weakness "Infatuated as your enemies have been from the begin- 
rationof & " lim g of 'this contest, do you imagine they can now flat- 
the enemy, ter themselves with a hope of conquering you, unless 
you are false to yourselves ? When, unprepared, undis- 
ciplined, and unsupported, you opposed their fleets and 
armies in full conjoined force, then, if at any time, was 
conquest to be apprehended. Yet what progress 
towards it have their violent and incessant efforts made ? 
Judge from their own conduct. Having devoted you 
to bondage, and after vainly wasting their blood and 
treasure in the dishonorable enterprise, they deigned 
at length to offer terms of accommodation with respect- 
ful addresses, to that once despised body, the congress ; 
The terms whose humble supplications only for peace, liberty, and 
JtiSJof." safet y> they had contemptuously rejected, under pre- 
fered to tcnce of its being an unconstitutional assembly. Nay 
more, desirous of reducing you into a deviation from 
the paths of rectitude, from which they had so far and 
so rashly wandered, they made most specious offers to 
tempt you into a violation of your faith given to your 



THE UNITED STATES GF AMERICA. 725 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

illustrious ally. Their arts were as unavailing as their Second 

"Foiled again and stung with rage, embittered by congress 
envy, they had no alternative but to renounce the habitants 
inglorious and ruinous controversy, or to resume their ° f £ he 
former modes of prosecuting it. They chose the latter, public af- 
Again the savages are stimulated to horrid massacres ^g' May ' 
of women and children, and domestics to the murder Enlistment 
of their masters. Again our brave and unhappy breth- ^^jr sav " 
ren are doomed to miserable deaths in gaols and pris- ministry, 
on-ships. To complete the sanguinary system, all the 
' extremities of war ' are by authority denounced against 
you. 

" Piously endeavor to derive this consolation from An om en 
their remorseless fury, that ' the Father of mercies ' ° ° pe * 
looks down with disapprobation on such audacious defi- 
ances of his holy laws ; and be further comforted with 
recollecting, that the arms assumed by you in your 
righteous cause have not been sullied by any unjustifi- 
able severities. 

" Your enemies despairing, however, as it seems, of Tactics of 
the success of their united forces against our main tbe enemy * 
army, have divided them, as if their design was to 
harass you by predatory, desultory operations. If you 
are assiduous in improving opportunities, Saratoga may 
not be the only spot on this continent to give a new 
denomination to the baffled troops of a nation, impi- 
ously priding herself in notions of her omnipotence. 

"Rouse yourselves, therefore, that this campaign may 
finish the great work you have so nobly carried on for 
several years past. What nation ever engaged in such 
a contest, under such a complication of disadvantages, Past sue- 
so soon surmounted many of them, and in so short a cess £ resa * 

. , „ ,. . . ges future 

period ot time had so certain a prospect of a speedy triumph. 
and happy conclusion ? We will venture to pronounce 
that so remarkable an instance exists not in the annals 
of mankind. We well remember what you said at the 
commencement of this war. You saw the immense 



726 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

Second difference between your circumstances and those of 
of the 3 your enemies, and you knew the quarrel must decide 
congress n no less than your lives, liberties, and estates : All 
habitants these you greatly put to every hazard, resolving rather 
u s' 1 a ^° °^ e fr eemen than to live slaves ; and justice will 
public af- oblige the impartial world to confess you have uni- 
111% dy ' f° rmi y acted on the same generous principle. Consider 
how much you have done, and how comparatively little 
remains to be done to crown you with success. Perse- 
vere; and you ensure peace, freedom, safety, glory, 
sovereignty, and felicity to yourselves, your children, 
and your children's children. 
Reliance "Encouraged by favors already received from infinite 
dence. V1 ' goodness, gratefully acknowledging them, earnestly 
imploring their continuance, constantly endeavoring 
to draw them down on your heads by an amendment 
of your lives, and a conformity to the divine will, 
humbly confiding in the protection so often and won- 
derfully experienced, vigorously employ the means 
placed by Providence in your hands, for completing 
your labours. 
Final "Fill up your battalions ; be prepared in every part 

appea . ^ Q repel the incursions of your enemies ; place your 
several quotas in the continental treasury ; lend money 
for public uses ; sink the emissions of your respective 
states ; provide effectually for expediting the convey- 
ance of supplies for your armies and fleets, and for 
your allies ; prevent the produce of the country from 
being monopolized ; effectually superintend the behav- 
iour of public officers ; diligently promote piety, virtue, 
brotherly love, learning, frugality, and moderation; and 
may you be approved before Almighty God worthy of 
those blessings we devoutly wish you to enjoy. 

" Done in Congress, by unanimous consent, the 
26th day of May, One thousand seven hund- 
red and seventy-nine. 
♦Journals John Jat, President. 

gress. * "Attest, Charles Thomson, Secretary."* 



THE UNITED STATES OP AMERICA. 727 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

That the proposition contained in the articles of The crisi8 
confederation, submitted by the congress to the several °* the con- 
states for ratification, was not an appeal to them to 1779-81. ' 
accede to a general union, is evident not only from the 
fact that they were already united, but also from the See p. 738. 
further fact that each state continued to.be represented 
in the congress, notwithstanding its objections to the 
proposed articles, and its refusal to ratify them. The 
question, therefore, of a secession from, or an accession 
to, the union, was not even thought of in any of their 
deliberations on the subject, whether in or out of con- Secession 
gress. The simple and only material consideration thought of. 
was, shall the union already existing be made perpet- 
ual-? If made perpetual, shall it be made so under 
the proposed articles of confederation ? And while 
each of the United Colonies, or States, was earnestly 
desirous to perpetuate the league itself, it might well 
and wisely hesitate and deliberate before it gave to the The com- 
covenant the seal of perpetuity, if it were not entirely J? act °5 in " 
precluded by the already existing compact under the ence, and 
declaration of independence. The canceling of that, * osed^con- 
indeed, might be one of the very essential steps neces- federation, 
sary to give validity to any new compact of union, and 
to stamp upon it the conditions, character, and assur- 
ances of permanency. It cannot be supposed, and it 
was not in fact so, that any one of the colonies was 
ready to rush upon the perilous alternative of seces- 
sion, dependence upon the crown of Great Britain. 
They could not so stultify their own solemn declara- 
tions. ' Yet there was no neutral, no intermediate ■ 
ground to stand upon. The colony that seceded must 
necessarily become subject to the parent power, and 
cease to be a party to the treaty with France, if indeed 
that treaty were not violated and rendered wholly 
nugatory by any such act of secession. 

Why not then make the union perpetual? The re- secession, 
monstrance of Maryland itself shows how hopeless what - 
they considered it, and how reckless would have been 



728 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 



The crisis the effort for any one state to maintain a separate indc- 

federation, "pendence, even with reference to the other states; 

H19-&1. much more so in its relations with Great Britain, and 

perhaps even with France ; while at the same time it 

discloses the insidious policy which was at work to 

promote discord and dissension among the people of 

the several states. 

Effect of The whole British nation was amazed and paralyzed 

affianced b y the alliance with France. The ministry had been 

England. a ll along assuring parliament and the people that it was 

an impossibility ; and when it became known as a fact, 

they were utterly astounded and stupefied by the an- 

* See J. nouncement.* While they were thus losing the confi- 
Debrett's deuce of their own adherents at home, their power 
mentary was weakened by the terrible defeat of their armies in 
Debates. America ; and parliament began to talk seriously of 

abandoning the contest, and conceding the independ- 
ence of the American Colonies. 
Hostility Hence the only hope left to the king and his evil 
of mmis- counselors, was to sever their union : so that when the 

try to the ' 

confedera- proposition to make that union more perfect and per- 
petual, transpired in England, the emissaries and hire- 
lings of a desperate and infuriated administration were 
sent over to accomplish if possible the work of sever- 
Attempts ance and discord. Designing men, thus instigated, 
it°sratin- n began to flatter the people of some of the colonies 
cation. w | t jj t j ie j ( j ea f an independence which might be en- 
joyed in severalty. In others they urged the impossi- 
bility of success under the general difficulties, and pe- 
cuniary embarrassments, which were now crippling the 

* See the operations of the congress,* and throwing upon the 
drcss^f colonies j as members of the general union, obligations 
the con- and responsibilities from which, they urged, it would 
page 663. e ' ke impossible ever to extricate themselves. It was at 
Post, p. this crisis that that distinguished patriot, John Jay, 
740, then the president of that body, laid before the con- 
gress the draft of a circular letter, which was read 
twice, and unanimously agreed to, as follows: 



THE UNITED STATES OP AMEEICA. 729 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



" Circular Letter of the Congress of the United The crisis 
States of America to their Constituents, on of the con- 

' federation, 

Public Affairs, September 13th, 1779. 1779-81. 

u Friends and Fellow Citizens : 

"In governments raised on the generous principles Circular 
of equal liberty, where the rulers of the state are the [h e te c r on ™ ra 
servants of the people, and not the masters of those gress to 
from whom they derive authority, it is their duty to s tituents ' 
inform their fellow-citizens of the state of affairs, and Sept- 13th, 

1*779. 

by evincing the propriety of public measures, lead 
them to unite the influence of inclination to the force 
of legal obligation in rendering them successful. This 
duty ceases not even in times of the most perfect peace, The duty 
order, and tranquillity, when the safety of the common- in afree 
wealth is neither endangered by force or seduction govern- 
from abroad , or by faction, treachery, or misguided 
ambition from within. At this season, therefore, we 
find ourselves in a particular manner impressed with a 
sense of it, and can no longer forbear calling your 
attention to a subject much misrepresented, and re- 
specting which dangerous as well as erroneous opin- 
ions have been held and propagated: we mean your 
finances. 

" The ungrateful despotism and inordinate lust of The finan- 

domination, which marked the unnatural designs of ces ? oftae 

union, 
the British king and his venal parliament to enslave 

the people of America, reduced you to the necessity 

of either asserting your rights by arms, or ingloriously 

passing under the yoke. You nobly preferred war. 

Armies were then to be raised, paid, and supplied ; 

money became necessary for these purposes. Of your 

own there was but little, and of no nation in the world 

could you then borrow. The little that was spread 

among you could be collected only by taxes, and to 

this end regular governments were essential ; of these 

you were also destitute. So circumstanced, -you had 

no other resource but the natural value and wealth of 



730 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The crisis your fertile country. Bills were issued on the credit 

federation" °^ tn * s bank, an( ^ 1l our f a ^ 1 was pledged for their re- 
1779-81. demption. After a considerable number of these had 
letter'of circulated, loans were solicited, and offices for the pur- 
the con- pose established. Thus a national debt was unavoid- 
their con- a ^ly created, and the amount of it is as follows : 

stituents, —,.-. .,,.,. ,-.., rr . ~ Ar , r, or . 

Sept. 13th, Bills emitted and circulating, . . . $ 159,948,880. 
17 * 9- Monies borrowed before the 1st ^ 

of March, 1778, the interest of V $7,545,196f Iths. 

which is payable in France, J 

Monies borrowed since the 1st of ^ 
The na- March, 1778, the interest of which l$26,188,909 dolls. 

tionaldebt. , , - J 

is payable here, . . .J 
Money due abroad, not exactly ^ 

known, the balances not having I ^ . . . ft 0ftft 

been transmitted, supposed to [ 

be about J 

" For your further satisfaction we shall order a par- 
ticular account of the several emissions, with the times 
limited for their redemption ; and also of the several 
loans, the interest allowed on each, and the terms as- 
signed for their payment, to be prepared and pub- 
lished. 
Revenue " Tlie taxes have as yet brought into the treasury no 

received m e than $3 027,560; so that all the monies sup- 
on taxes. i 

plied to congress by the people of America, amount to 

no more than 36,761,665 dollars and 67-90ths ; that 
being the sum of the loans and taxes received. Judge 
then of the necessity of emissions, and learn from 
whom and from whence that necessity arose. 
Bills of " We are also to inform you, that on the first day of 

\*t\ Um September instant we resolved ' that we would on no 
$200,000,- account whatever emit more bills of credit than to 
make the whole amount of such bills two hundred mill- 
ions of dollars ; ' and as the sum emitted and in circu- 
lation amounted to 159,948,880 dollars, and the sum 
of 40,051,120 dollars remained to complete the two 



THE UNITED STATES OF AMERICA. 731 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

hundred million above mentioned, we on the third day The crisis 
of September instant further resolved ' that we would f eder e at C {o^ 
emit such part only of the said sum of 40,051,120 1119-91. ' 
dollars, as should be absolutely necessary for public jJUJJrJJ 
exigencies before adequate supplies could otherwise be the cou- 

. ffress to 

obtained, relying for such supplies on the exertions of their con- 
the several states.' < ." fiK&b 

"Exclusive of the great and ordinary expenses inci- 1779. 
dent to the war, the depreciation of the currency has 
so swelled the prices of every necessary article, and of 
consequence made such additions to the usual amount 
of expenditures, that very considerable supplies must 
be immediately provided by loans and taxes ; and we Loans and 
unanimously declare it to be essential to the welfare eS sary. 
of these states, that the taxes already called for be paid 
into the continental treasury by the time recommended 
for that purpose. It is also highly proper that you 
should extend your views beyond that period, and pre- 
pare in season as well for bringing your respective 
quotas of troops into the field early the next campaign, 
as for providing the supplies necessary in the course of 
it. We shall take care to apprize you, from time to 
time, of the state of the treasury, and to recommend 
the proper measures for supplying it. To keep your Duties of 
battalions full, to encourage loans, and to assess your in tne 
taxes with prudence, collect them with firmness, and premises, 
pay them with punctuality, is all that will be requisite 
on your part. Further ways and means of providing 
for the public exigencies are now under consideration, 
and will soon be laid before you. 

"Having thus given you a short and plain statement The depre- 
of your debt, and pointed out the necessity of punctu- the cur- 
ality in furnishing the supplies already required, we renc y- 
shall proceed to make a few remarks on the deprecia- 
tion of the currency, to which we entreat your atten- 
tion. 

" The depreciation of bills of credit is always either 
natural or artificial, or both. The latter is our case. 



732 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The crisis The moment the sum in circulation exceeded what was 

federation necessary as a medium in commerce, it began and con- 

1779-81. tinued to depreciate in proportion as the amount of the 

lette^of sur pl us increased ; and that proportion would hold 

the con- good until the sum emitted should become so great as 

their con- nearly to equal the value of the capital stock, on the 

stituents credit of which the bills were issued. Supposing, 

Sept. 13th, l r °' 

1779. therefore, that 130,000,000 was necessary for a circu- 
lating medium, and that $160,000,000, had issued, the 
natural depreciation is but little more than as five to 
one ; but the actual depreciation exceeds that propor- 
Natural tion and that excess is artificial. The natural depre- 
tio^ofThe ciation is to be removed only by lessening the quantity 
currency, of money in circulation. It will regain its primitive 
value whenever it shall be reduced to the sum neces- 
sary for a medium of commerce. This is only to be 
effected by loans and taxes. 
Causes of " The artificial depreciation is a more serious subject 
artificial^ an( ^ mer ^ s m i nu te investigation. A distrust (however 
tion. occasioned) entertained by the mass of the people 

either in the ability or inclination of the United States 
to redeem their bills is the cause of it. Let us inquire 
how far reason will justify a distrust in the ability of 
the United States'. 
Ability of " The ability of the United States must depend on two 
to^edeem * nm g s 5 first, the success of the present revolution ; and 
their bills, secondly, on the sufficiency of the natural wealth, value, 
and resources, of the country. 

" TJiat the time has been when honest men might, 

without being chargeable with timidity, have doubted 

the success of the present revolution, we admit ; but 

Faith in that period is past. The independence of America is 

the success fi d f t and the pe t u lant efforts of Britain 

oftherevo- ' r . 

Iution. to break it down, are as vain and fruitless as the raging 
of the waves which beat against their cliffs. Let those 
who are still afflicted with these doubts consider the 
character and condition of our enemies. Let them 
remember that we are contending against a kingdom 



THE UNITED STATES OF AMERICA. 733 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

crumbling into pieces ; a nation without public virtue ; The crisis 
and a people sold to and betrayed by their own repre- federation" 
sentatives ; against a prince governed by his passions, 1779-81. 
and a ministry without confidence or wisdom ; against le ' t r t p" ^ 
armies half paid and generals half trusted ; against a the con - 

°TGSS tO 

government equal only to plans of plunder, conflagra- their con- 
tion, and murder; a government by the most impious ^, tlt " ei j ts ' h 
violations of the rights of religion, justice, humanity, 1779. 
and mankind, courting the vengeance of Heaven and 
revolting from the protection of Providence. 

"Against the fury of these enemies you made suecess- Their for- 
ful resistance when single, alone, and friendless, in the cesses 
days of weakness and infancy, before your hands had omens of 
been taught to war or your fingers to fight ; and can 
there be any reason to apprehend that the Divine dis- 
poser of human events, after having separated us from 
the house of bondage, and led us safe through a sea of 
blood, towards the land of liberty and promise, will 
leave the work of our political redemption unfinished, 
and either permit us to perish in a wilderness of diffi- 
culties, or suffer us to be carried back in chains to that 
country of oppression, from whose tyranny He hath 
mercifully delivered us with a stretched out arm ? 

"In close alliance with one of the most powerful na- Strength 
tions in Europe, which has generously made our cause ^ | he an d 
her own ; in amity with many others, and enjoying the weakness 
good will of all, what danger have we to fear from Britain? 
Britain ? Instead of acquiring accessions of territory 
by conquest, the limits of her empire daily contract ; 
her fleets no longer rule the ocean, nor are her armies 
invincible by land. How many of her standards, 
wrested from the hands of her champions, are among 
your trophies, and have graced the triumphs of your 
troops ? And how great is the number of those, who, 
sent to bind you in fetters, have become your captives, 
and received their lives from your hands ? 

In short, whoever considers that these states are daily Sources of 
increasing in power ; that their armies have become mont!™^* 



734 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The crisis veteran ; that their governments, founded in freedom, 
of the con- established ; that their fertile country and their 

federation, ^ 

1779-si. affectionate ally furnish them with ample supplies; 
Circular t } iat t i ie Spanish monarch, well prepared for war, with 
the con- fleets and armies ready for combat, and a treasury over- 
fheircon- flowing with wealth, has entered the lists against Great 
stituents, Britain ; that the other European nations, often insulted 
1779. ' by her pride, and alarmed by the strides of her ambi- 
tion, have left her to her fate ; that Ireland, wearied 
of her oppression, is panting for liberty ; and even 
Scotland displeased and uneasy at her edicts ; Whoever 
considers these things, instead of doubting the issue of 
the war, will rejoice in the glorious, the sure, and cer- 
tain prospect of success. 
Natural " This point being established, the next question is, 

wealth and whether the natural wealth, value, and resources, of 

resources ' 3 7 

of America the country will be equal to the payment of the debt, 
the pay- "Let us suppose, for the sake of argument, that at 
nient of the the conclusion of the war, the emissions should 
years. ' amount to $200,000,000 ; that exclusive of supplies 
from taxes, which will not be inconsiderable, the loans 
should amount to $100,000,000; then the whole 
national debt of the United States would be $300,000,- 
000. There are at present 3,000,000 of inhabitants in 
the thirteen states. Three hundred million of dollars 
divided among three million of people, would give to 
each person one hundred dollars ; and is there an in- 
dividual in America unable in the course of eighteen 
or twenty years to pay it again ? Suppose the whole 
debt assessed, as it ought to be, on the inhabitants in 
proportion to their respective estates, what would then 
be the share of the poorer people ? Perhaps not ten 
dollars. 
The natu- u Besides, as this debt will not be payable immedi- 

ral increase ' * " 

of popuia- ately, but probably twenty years allotted for it, the num- 
to°the C pay- ber of inhabitants by that time in America will be far 
ment of m0 re than double their present amount. It iswell known 
20 years, that the inhabitants of this country have increased 



THE UNITED STATES OF AMERICA. 735 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

almost in the ratio of compound interest. By natural The crisis 
population they doubled every twenty years, and how federation" 
great may be the host of emigrants from other coun- 1779-81. 
tries cannot be ascertained. We have the highest^ 1 ™ 1 ** 
reason to believe the number will be immense. Sup- the con- 
pose that only ten thousand should arrive the first year fheircon 
after the war, what will those ten thousand with their stituents, 
families count in twenty years time ? Probably double 1779. ' 
the number. This observation applies with proportion- 
able force to the emigrants of every successive year. 

" Thus you see, a great part of your debt will be pay- Decrease 
able not merely by the present number of inhabitants, d n ei * e f f£~ 
but by that number swelled and increased by the nat- debt, from 
ural population of the present inhabitants, by multi- causes . 
tudes of emigrants daily arriving from other countries, 
and by the natural population of those successive emi- 
grants, so that every person's share of the debt will be 
constantly diminishing by others coming in to pay a 
proportion of it. 

" These are advantages, which none but young coun- 
tries enjoy. The number of inhabitants in every coun- 
try in Europe remains nearly the same from one cen- 
tury to another. No country will produce more people 
than it can subsist, and every country, if free and cul- 
tivated, will produce as many as it can maintain. 
Hence we may form some idea of the future popula- growth of 
tion of these states. Extensive wildernesses, now * he i lJnite(i 

' States. 

scarcely known or explored, remain yet to be cultiva- 
ted, and vast lakes and rivers, whose waters have for 
ages rolled in silence and obscurity to the ocean, are 
yet to hear the din of industry, become subservient to 
commerce, and boast delightful villas, gilded spires, 
and spacious cities, rising on their banks. 

"Thus muck for the number of persons to pay the Actual 
debt. The next point is their ability. They who en-j£f^g f 
quire how many millions of acres are contained only to redeem 
in the settled par* of North America, and how much their blUs ' 
each acre is worth, will acquire very enlarged and yet 



730 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The crisis very inadequate ideas of the value of this country. 
federation" ^ u t those who will carry their inquiries further, and 
mo-si. learn that we heretofore paid an annual tax to Britain 
letter of °^ * nree millions sterling in the way of trade, and still 
the eon- grew rich ; that our commerce was then confined to 
their con- her ; that we were obliged to carry our commodities to 
stituents, j ier mar ket, and consequently to sell them at her price ; 
1779. ' that we were compelled to purchase foreign commodi- 
ties at her stores, and on her terms, and were forbid to 
establish any manufactories incompatible with her 
views of gain ; that in future the whole world will be 
open to us, and we shall be at liberty to purchase from 
those who will sell on the best terms, and to sell to 
those who will give the best prices ; that as the coun- 
try increases in number of inhabitants and cultivation, 
the productions of the earth will be proportionably 
increased, and the riches of the whole proportionably 
greater : Whoever examines the force of these and 
similar observations, must smile at the ignorance of 
those who doubt the ability of the United States to 
redeem their bills. 
Advanta- "Let it also be remembered, that paper money is the 
ges of pa- | k mt i f jnone y winch cannot ' make unto itself 

per money. J J 

wings and fly away.' It remains with us, it will not 

forsake us, it is always ready and at hand for the pur- 
pose of commerce or taxes, and every industrious man 
can find it. On the contrary, should Britain like Nin- 
eveh (and for the same reason) yet find mercy, and 
escape the storm ready to burst upon her, she will find 
her national debt in a very different situation. Her 
territory diminished, her people wasted, her commerce 
ruined, her monopolies gone, she must provide for the 
discharge of her immense debt by taxes to be paid in 
specie, in gold or silver perhaps now buried in the 
mines of Mexico or Peru, or still concealed in the 
Inclination brooks and rivulets of Africa or Indostan. 
of the U.S. "Having- shown that there is no reason to doubt the 
their debt, ability of the United States to pay their debt, let us 



THE UNITED STATES OP AMERICA. 737 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

next enquire if as much can be said for their inclina- The crisis 
tion. Under this head three things are to be attended f e f d *® t "JJ" 

to: 1119-91. ' 

" First. Whether and in what manner the faith of , Cl ™ ul * r 

letter from 

the United States has been pledged for the redemption the con- 
of their bills ? fhdrcon- 

" Second. Whether they have put themselves in a 8tituents » 
political capacity to redeem them ? And, 1779, ' 

"Third. Whether, admitting the two former propo- 
sitions, there is any reason to apprehend a wanton vio- 
lation of the public faith ? 

"First. It must be, evident to every man who reads The faith 
the journals of congress, or looks at the face of one of ^pledged 
their bills, that congress have pledged the faith of their for it. 
constituents for the redemption of them. And it must 
be equally evident, not only that they had authority to 
do so, but that their constituents have actually ratified 
their acts, by receiving their bills, passing laws estab- 
lishing their currency, and punishing those who coun- 
terfeit them. So that it may with truth be said that 
the people have pledged their faith for the redemption 
of them, not only collectively by their representatives, 
but individually. 

"Second. Whether the United States have put Political 
themselves in a political capacity to redeem their bills, ^^"n s 
is a question which calls for more full discussion. to redeem 

"Our enemies, as well foreign as domestic, have CO n 9 r id . e 
laboured to raise doubts on this head. They argue ered - 
that the confederation of the states remains yet to be 
perfected, that the union may be dissolved, congress 
be abolished, and each state, resuming its delegated 
powers, proceed in future to hold and exercise all the 
rights of sovereignty appertaining to an independent 
state. In such an event, say they, the continental bills 
of credit, created and supported by the union, would 
die with it. This position being assumed, they next 
proceed to assert this event to be probable, and in 
proof of it urge our divisions, our parties, our separate 
47 



738 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The crisis interests, distinct manners, former prejudices, and 
federation" man y otner arguments equally plausible, and equally 
1779-81. fallacious. Examine this matter. 
btt CUl f. r "For every purpose essential to the defence of these 
the con- states in the progress of the present war, and necessary 
fheiTcon- to the attainment of the objects of it, these states now 
stituents, are as fully, legally, and absolutely confederated as it 
1779. ' is possible for them to be. Read the credentials of the 
different delegates who composed the congress in 1774, 
1775, and part of 1776. You will find that they estab- 
Lg league li sn a union for * ne express purpose of opposing the 
of union oppressions of Britain and obtaining redress of griev- 

full and _ . . , „ T . -,„rrr> i i- 

complete, ances. On the 4th of July, 1776, your representatives 
in congress, perceiving that nothing less than uncondi- 
tional submission would satisfy our enemies, did, in 
the name of the people of the thirteen united colonies, 

The com- declare them to be free and independent states, and 

T)HCt of 

the deck- ' for the support of that declaration, with a firm reliance 
*nd° D °d on ^ ie P r °tcction of Divine Providence,' did 'mutually 
ence. pledge to each other their lives, their fortunes, and 
their sacred honor.' Was ever confederation more 
formal, more solemn, or explicit ? It has been ex- 
pressly assented to and ratified by every state in the 
union. Accordingly for the direct support of this 
declaration, that is, for the support of the independ- 
ence of these states, armies have been raised, and bills 
of credit emitted, and loans made to pay and supply 
Binds the them. The redemption, therefore, of these bills, the 

fit'ltGS to 

an indisso- payment of these debts, and the settlement of the 

lubie con accoun t s of the several states, for expenditures or 
federacy. , . . . 

services for the common benefit, and in this common 

cause, are among the objects of this confederation; 
and consequently while all, or any of its objects, re- 
main unattained, it cannot, so far as it may respect 
such objects, be dissolved, consistently with the laivs of 
God or Man. 

"But we are persuaded, and our enemies will find, 
that our union is not to end here. They are mistaken 



THE UNITED STATES OF AMERICA. 739 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

when they suppose us kept together only by a sense of The crisis 
present danger. It is a fact which they only will dis-J e f d *® t ^ 
pute, that the people of these states were never so cor- 1779-81. 
dially united as at this day. By having been obliged C}rcular 
to mix with each other, former prejudices have worn letter from 
off and their several manners become blended. A gr g S g°°" 
sense of common permanent interest, mutual affection, their con- 

*■ . stituents, 

(having been brethren in affliction.) the ties of con- Sept. 1 3th, 
sanguinity daily extending, constant reciprocity of 1779, 
good offices, similarity in language, in governments, 
and therefore in manners ; the importance, weight, Harmony 
and splendor of the union, all conspire in forming a^ sso r f m " 
strong chain of connection, which must forever bind their P r es- 
us together. The United Provinces of the Netherlands 
and the United Cantons of Switzerland became free 
and independent under circumstances very like ours. 
Their independence has been long established, and yet 
their confederacies continue in full vigor. What rea- 
son can be assigned why our union should be less last- 
ing ? Or why should the people of these states be 
supposed less wise than the inhabitants of those ? You 
are not uninformed that a plan for a perpetual confed- The P ro : 

1 J * r J posed plan 

eration has been prepared, and that twelve of the thir-for a per- 
teen states have already acceded to it. But enough federation" 
has been said to show that for every purpose of the 
present war, and all things incident to it, there does 
at present exist a perfect, solemn confederation, and 
therefore that the states now are, and always will be, 
in political capacity to redeem their bills, pay their 
debts, and settle their accounts. 

" Third. Whether admitting the ability and politi- Will the 
cal capacity of the United States to redeem their bills, ^^'^' 
there is any reason to apprehend a wanton violation of redeem 
the public faith? 

" It is with great regret and reluctance that we can 
prevail upon ourselves to take the least notice of a 
question which involves in it a doubt so injurious to 
the honor and dignity of America. 



740 



THE GOVERNMENTAL HISTORY OF 



Tart IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The crisis 
of the 
confedera- 
tion, 
1779-81. 

Circular 
letter from 
the con- 
gress to 
their con- 
stituents, 
Sept. 13, 
1779. 



Inventions 
of the 
enemy to 
promote 
distrust 
and dis- 
union. 



The dele- 
gates in 
congress. 



Odium of 
repudia- 
tion of the 
national 
debt. 



"The enemy, aware that the strength of America lay 
in the union of her citizens, and the wisdom and integ- 
rity of those to whom they committed the direction of 
their affairs, have taken unwearied pains to disunite and 
alarm the people, to depreciate the abilities and virtue 
of their rulers, and to impair the confidence reposed in 
them by their constituents. To this end repeated at- 
tempts have been made to draw an absurd and fanciful 
line of distinction between the congress and the people, 
and to create an opinion and a belief that their inter- 
ests and views were different and opposed. Hence the 
ridiculous tales, the insidious insinuations, and the 
whimsical suspicions, that have been forged and propa- 
gated by disguised emissaries and traitors in the garb 
of patriots. Hence has proceeded the notable discov- 
ery that as the congress made the money they also can 
destroy it; and that it will exist no longer than they 
find it convenient to permit it. It is not surprising 
that, in a free country, where the tongues and pens of 
such people are and must be licensed, such political 
heresies should be inculcated and diffused, but it is 
really astonishing that the mind of a single virtuous 
citizen in America should be influenced by them. 

" It certainly cannot be necessary to remind you that 
your representatives here are chosen from among your- 
selves; that you are, or ought to be, acquainted with 
their several characters; that they are sent here to 
speak your sentiments, and that it is constantly in your 
power to remove such as do not. You surely are con-' 
vinced that it is no more in their power to annihilate 
your money than your independence, and that any act 
of theirs for either of those purposes would be null and 
void. 

" We should pay an ill compliment to the understand- 
ing and honor of every true American, were we to 
adduce many arguments to show the baseness or bad 
policy of violating our National Faith, or omitting to 
pursue the measures necessary to preserve it. A bank- 



THE UNITED STATES OF AMERICA. 741 



UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



nipt, faithless Republic would be a novelty in the polit- The crisis 
ical world, and appear among reputable nations like a CO nfedera- 
conimon prostitute among chaste and respectable mat ~5. 1 J^_ 81 
rons. The pride of America revolts from the idea ; her 
citizens know for what purposes these emissions were Circular 

letter ironi 

made, and have repeatedly plighted their faith for the the con- 
redemption of them; they are to be found in every g^ 8 to^ 
man's possession and every man is interested in their stituenta, 
being redeemed. They must therefore entertain a high ^*'_ • 
opinion of American credulity, who suppose the people 
capable of believing, on due reflection, that all America 
will, against the faith, the honor, and the interest of all 
America, be ever prevailed upon to countenance, sup- 
port or permit, so ruinous, so disgraceful a measure. 
We are convinced that efforts and arts of our enemies Repudia- 
will not be wanting to draw us into this humiliating ^"j 1 ^ 
and contemptible situation. Impelled by malice and 
the suggestions of chagrin and disappointment, at not 
being able to bend our necks to their yoke, they will 
endeavor to force or seduce us to commit this unpar- 
donable sin, in order to subject us to the punishment 
due to it, and that we may thenceforth be a reproach 
and a bye word among the nations. Apprised of these 
consequences, knowing the value of national character, 
and impressed with a due sense of the immutable laws 
of justice and honor, it is impossible that America 
should think without horror of such an execrable deed. 

"If then neither our ability or inclination to discharge Past neg- 
the public debt are justly questionable, let our conduct ^ s ^ 
correspond with this confidence, and let us rescue our duty, point 
credit from its present imputations. Had the attention re medy. 
of America to this object been unremitted, had taxes 
been seasonably imposed and collected, had proper laws 
been made, had laws been passed and executed for pun- 
ishing those who maliciously endeavored to injure the 
public credit ; had these and many other things equally 
necessary been done, and had our currency, notwith- 
standing all these efforts, declined to its present degree 



742 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The crisis of depreciation, our case would indeed have been de- 
confedcra- plc-rable. But as these exertions have not been made, 
tion, we ma y yet experience the good effects which naturally 

result from them. Our former negligences therefore, 
Circular should now animate us with hope and teach us not to 
the e con-° m despair of removing by vigilance and application the 
gress to ev ii s which supineness and inattention have produced. 
stituents, " It has been already observed, that in order to pre- 
i?79 13 ' vcn ^ * ne fisher natural depreciation of our bills we 
have resolved to stop the press, and to call upon you 
Loans and for supplies by loans and taxes. You are in capacity 
ouiyre- 6 to afford them, and are bound by the strongest ties to 
sort for d it. Leave us not therefore without supplies, nor let 
in that flood of evils which would follow from such 
neglect. It would be an event most grateful to our 
enemies, and depend upon it they will redouble their 
Urgency artifices and industry to compass it. Be therefore upon 
crises' 6 your guard, and examine well the policy of every meas- 
ure and the evidence of every report that may be pro- 
posed or mentioned to you before you adopt the one or 
believe the other. Recollect that it is the price of lib- 
erty, the peace and the safety of yourselves and pos- 
Vigiiance terity, that now is required; that peace, liberty and 
still neces- sa ^ et Jj f° r tne attainment and security of which you 
sary have so often and so solemnly declared your readiness 

to sacrifice your lives and fortunes. The war, though 
drawing fast to a successful issue, still rages. Disdain 
to leave the whole business of your defence to your 
ally. Be mindful that the brightest prospects may be 
clouded, and that prudence bids us be prepared for 
every event. Provide therefore for continuing your 
armies in the field till victory and peace shall send them 
home, and avoid the reproach of permitting the cur- 
rency to depreciate in your hands, when by yielding a 
part to taxes and loans, the whole might have been 
appreciated and preserved. 

"Humanity as well as justice makes this demand upon 
you, the complaints of ruined widows, and the cries of 



THE UNITED STATES OP AMERICA. 743 



UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



fatherless children, whose whole support has been placed The crisis 
in your hands and melted away, have doubtless reached cou f e dera- 
you; take care that they ascend no higher. Rouse 1 ™, 
therefore ; strive who shall do most for his country ; re- 
kindle that flame of patriotism which, at the mention 
of disgrace and slavery, blazed throughout America, Conclud- 
and animated all her citizens. Determine to finish the 
contest as you began it, honestly and gloriously. Let 
it never be said that America had no sooner become 
independent than she became insolvent, or that her 
infant glories and growing fame were obscured and tar- 
nished by broken contracts and violated faith, in the 
very hour when all the nations of the earth were 
admiring the splendor of her rising. 

" By the unanimous order of the congress, 

John Jay, President" 

"Philadelphia, September 13, 1779." *f 



We may well and proudly challenge the production The circu- 
lar letter 
of 1119. 



of another such a state paper as this, whether in the lai 



annals of European or American diplomacy. The 
clearness of its argument, the pungency of its logic, 
the elegance of its diction, the brevity and yet compre- 
hensiveness of its detail ; the patriotic and fervid elo- 
quence ; the elevated, resolute, and heroic energy ; the 
humanity, justice, and piety, which pervade the whole ; 
give to it characteristics without a parallel in the his- 
tory of English forensic composition, or classical litera- 
ture : No wonder that it inspirited the aims, nerved 
the arms, and united the hearts, of the people of Amer- 
ica in the last great struggle for independence : No * Journal! 
wonder that it overawed the vindictive fury of British of con ' 
vengeance, appalled the partizans of treachery, ani- 
mated the hopes of the sons of freedom, and prompted 

f On the 28th September, 1779, Mr. Jay resigned the Presidency, hav- 
ing accepted the appointment of Minister Plenipotentiary to negotiate a 
treaty of Amity and Commerce, and of Alliance with Spain; and Mr. 
Samuel Huntington was elected in his place. 



744 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The basis them to march forward with full confidence of victory, 
federation" ^ e ^ might any people be proud of such counsellors 
1779-81. and rulers, and feel that in their hands their liber- 
ties and destinies were safe, whatever might be their 
Character- credentials of power or the forms of their administra- 
isticsofthetion : But it is the peculiar greatness and glory of all 

patriot , . _ , r _ . ° , , „ , , 

statesmen that wisdom and renown which has hallowed the mem- 
oiution™ 57 " or i es 0I> our revolutionary fathers, that amid the duties 
and cares of state, and the anxieties and vexations 
of war, they were never unmindful of the distinctive 
claims of that religion which originated and conserved 
those elements of freedom which were " the polished 
corner-stones " of the confederacy. 

On Thursday, October fourteenth, 1779, in the very 
throng and pressure of these secular labors, we find 
them resolving', " that it will be proper to set apart the 
second Thursday in December next as a day of general 
Recom- thanksgiving in these United States, and that a com- 
mendation m ittee of four be appointed to prepare a recommend- 
thanks- ation to the said states for this purpose : " Where- 

fh^con 1 / u P on Mr ' Root > Mr ' Holten > Mr. Muhlenberg, and Mr. 

gress, Oct. Morris were appointed : They reported a draft on 
' ' the twentieth of the same month, which was agreed to 
in congress, as follows : 

The proc- " Whereas it becomes us humbly to approach the 

lamation. rri ir0 ne of Almighty God, with gratitude and praise for 
the wonders which His goodness has wrought in con- 
ducting our forefathers to this western world ; for His 
protection to them and to their posterity amidst diffi- 
culties and dangers ; for raising us, their children, 
from deep distress to be numbered among the nations 
of the earth ; and for arming the hands of just and 
mighty princes in our deliverance ; and especially for 
that He hath been pleased to grant us the enjoyment of 
health ; and so to order the revolving seasons, that the 
earth hath produced her increase in abundance, bless- 
ing the labours of the husbandman, and spreading 
plenty through the land ; that He hath prospered our 



THE UNITED STATES OP AMERICA. 745 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



arms and those of our ally ; been a shield to our troops The crisis 

in the hour of danger, pointed their swords to victory, federation" 

and led them in triumph over the bulwarks of their 1779-81. 

foe ; that He hath gone with those who went out into 

the wilderness against the savage tribes ; that He hath p roclama . 

stayed the hand of the spoiler, and turned back his tion for a 

meditated destruction ; that He hath prospered our thanksgiy- 

conmierce, and given success to those who fought the in s b y 

' D ° the con- 

enemy on the face of the deep ; and above all, that He gress, Oct. 

hath diffused the glorious light of the gospel, whereby, 20 ' 

through the merits of our gracious Redeemer, we may 

become the heirs of His eternal glory, therefore 

"Resolved, That it be recommended to the several Recogni- 

. tioa oi the 

states, to appoint Thursday, the ninth day of Decern- elements 

ber next, to be a day of public thanksgiving to Almighty ^chS.'" 
God for His mercies ; and of prayer for the continu- tianity. 
ance of His favor and protection to these United States; 
to beseech Him that He would be graciously pleased to 
influence our public councils, and bless them with wis- 
dom from on high, with unanimity, firmness, and suc- 
cess ; that He would go forth with our hosts and crown 
our armies with victory ; that He would grant to His 
church the plentiful effusions of divine grace, and pour 
out His holy spirit on all ministers of the gospel ; that 
He would bless and prosper the means of education, 
and spread the light of Christian knowledge through 
the remotest corners of the earth ; that He would smile 
upon the labours of His people and cause the earth to 
bring forth her fruits in abundance, that we may with 
gratitude and gladness enjoy them ; that He would take 
into His holy protection our illustrious ally, give him 
victory over his enemies, and render him signally great, 
as the father of his people and the protector of the 
rights of mankind ; that He would graciously be pleased 
to turn the hearts of our enemies, and to dispense the 
blessings of peace to contending nations ; that He 
would in mercy look down upon us, pardon our sins, 
and receive us into His favor ; and finally, that He 



746 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The crisis would establish the independence of these United 
federation" States, upon the basis of religion and virtue, and sup- 
1779-81. port and protect them in the enjoyment of peace, lib- 
erty, and safety. 

"Done in congress, the twentieth day of October, one 
thousand seven hundred and seventy-nine, and in the 
fourth year of the Independence of the United States 
of America. 

" Samuel Huntington, President. 
"Attest. Charles Thomson, Secretary." 



Katifica- I have elsewhere set forth the minor objections which 
posed con- were made by the respective colonies to the ratification 
federation f th e articles of confederation, and the manner in 

by twelve ' 

states which they were disposed of by the congress : And 
sufficient! 1 " although these articles, as originally proposed, had now 
gone through all the forms supposed necessary to ren- 
der their ratification binding, on the part of twelve of 
the states, the congress still doubted the sufficiency of 
the compact. It was indeed seriously questioned 
whether the action of twelve only of the colonies, or 
states, in a confederation professing by its very terms to 
be the compact of thirteen, could be of any binding 
force either upon those which had, or those which had 
not, ratified it. Or in other words, whether a ratification 
in the manner proposed by Yirginia and Connecticut, be- 
tween any number less than the whole thirteen, would 
Complica- not involve a violation of the League of Union under 
thepro- tlie Declaration of Independence, as well as the treat- 
posed con-i es f alliance, &c. with France. And then, again, if 
they refused to unite under the confederation in a per- 
petual compact, on account of any elements of discord 
now originating among themselves, would not that 
weaken the confidence of his Most Christian Majesty, as 
well as other friendly foreign powers, in the stability 
of their union? Would it not tend to dissolve ex- 
isting, and prevent further alliances? These were 
matters of grave consideration ; and the vast interests 



THE UNITED STATES OP AMERICA. 747 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

involved in their discussion, rendered still more fearful The crisis 
the critical conjuncture to which they were rapidly f e f ^ r at C ion" 
tending : They disclose the great difficulty in the way 1179-81. 
of accomplishing an end so desirable as an unanimous 
adoption of the proposed articles of confederation. 
That difficulty was, the controversy respecting the 
boundaries of the several states, or the disposition to 
be made of the unoccupied lands which were held by 
the crown at the time of the Declaration of their Inde- Controver- 

sy about 

pendence, commonly called the Crown Lands. the crown 

These boundaries, as we have seen, according to the J^y e t0 a 
provisions of the patents under which many of the col- ratifica- 
onies were established, were limited by " the South 
Sea," or extended indefinitely towards the western wil- 
derness. The larger states, as Virginia and New York, 
claimed exclusive right to all such lands within their 
territorial or charter limits ; while the smaller, as in the 
remonstrance of the states of Maryland and New Jer-See re- 
sey, contended, that all such lands, within the limits of ^\ wt 
whichever of the states, as were unoccupied at the 
commencement of the war, and belonged to the crown, 
should be deemed common property, subject to the dis- 
posal of congress for the common benefit. 

The difficulty was now enhanced by the fact, that the Public sale 
state of Virginia was offering lands for sale in a tract ^ y^ 3 
called Indiana, which was included in a larger tract ginia. 
called Vandalia, " beginning at the southerly side of 
the mouth of little Kenawa Creek where it empties 
itself into the river Ohio ; and running from thence 
south-east to the Laurel hill, thence along the Laurel 
hill until it strikes the river Monongahela; thence 
down the stream of the said river Monongahela, accord- 
ing to the several courses thereof, to the southern 
boundary line of the province of Pennsylvania ; thence 
westerly along the course of the said province bound- 
ary line, as far as the same shall extend; and thence 
by the same course to the river Ohio ; thence down 



748 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of tiie colonies 

The crisis the said river Ohio, according to the several courses 

oi the con- ^ , eo f ^ tue pj ace Q f beginning." 
federation, ' r . o & 

1779-81. It was contended on the other hand, by certain per- 

etrance" sons c ^ a i mni S to Ue proprietors, who memorialized con- 

agaiust gress, that this tract of land did not belong to Vir- 

crown C ° ginia ; but that it was, " by order of the king of Great 

lands by Britain in council, before the declaration of the inde- 

Virginia, 

Sept. 1179. pendency of these United States, separated from the do- 
minion which, in right of the crown, Virginia claimed 
over it ; and therefore the said tract of country cannot 
remain subject to the jurisdiction of Virginia, or any 
The lands particular state, but of the whole United States in con- 
claimed gress assembled : That said acts of the state of Vir- 

for the . . 

congress, gmia, directing the sale of the lands in question, were 
intended to defeat and prevent the interposition of con- 
A ai t0 gress ; and therefore they prayed congress to interfere 
congress and make such order as might be thought proper, to stay 
mon- 6 ' ' Virginia in the sale of the lands in question, till Vir- 
etrants. ginia, as well as the memorialists, can be heard ; and 
the whole rights of the owners of the tract of land called 
Vandalia, of which Indiana is a part, shall be ascer- 
tained in such manner as may tend to support the sov- 
ereignty of the United States, and the just rights of indi- 
viduals therein." 
Action of This fearful subject of controversy came before the 
uponthe congress upon this memorial, September fourteenth, 

remon- an( j continued to agitate it till October twenty-ninth, 

strance. ° . J ' 

when a committee appointed for the purpose, reported, 

" that they had read over and considered the state of 
facts given in by the delegates of Virginia, in reply to 
the memorial, and cannot find any such distinction be- 
tween the question of the jurisdiction of congress and 
Report of the merits of the cause, as to recommend any decision 
mittee'of upon the first separately from the last. That they rec- 

eongress, ommend to congress the following resolution : That 
Oct. 29th. . . & B - , 

considering the present incomplete state ot the conied- 
eration, it be recommended to the state of Virginia, 
and every other state in similar circumstances, to sus- 



THE UNITED STATES OF AMERICA. 749 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

pend the sale, grant, or settlement, of any land unap- The crisis 
propriated at the time of the Declaration of Independ- f^ration" 
ence, until the conclusion of the war." 1179-81. 

In pursuance of this recommendation of the com- 
mittee, after considerable debate, on the thirtieth of 
October, the congress adopted the following preamble 
and resolution, viz. : 

" Wliereas, the appropriation of vacant lands by the 
several states during the continuance of the war, will, 
in the opinion of congress, be attended with great mis- 
chiefs, therefore, 

"Resolved, That it be earnestly recommended to the Resolution 
state of Virginia, to reconsider their late act of assem- report* 10 
bly for opening their land office ; and that it be recom-Oct. 20th, 

1779 

mended to the said state, and all other states similarly 

circumstanced, to forbear settling or issuing warrants 

for unappropriated lands, or granting the same during 

the continuance of the present war."f 

In the month of December, of the same year, an ap- Controver- 

peal was made to the congress on the part of the state of p nnsTy 611 

Pennsylvania, touching a dispute which had arisen be- Q iaand 

tween that state and Virginia, relative to the extent of about™ 

their boundaries and the ownership of certain unoccu- lands > Dec - 

1779. 
pied lands. The controversy between them assumed 

so hostile a character that congress expressed serious 
apprehension that it might " probably be productive of 
serious evils to both states, and tend to lessen their ex- 
ertions in the common cause." They accordingly passed Resolution 
a resolution urging them to forego the controversy, and of congress 
to have < things placed in the situation in which they P ° D 
were at the commencement of the present war, without 
prejudice to the claims of either party.' "f 

Virginia, in turn, remonstrated against the interfer- Vir S inia 

.. ° remon- 

ence 01 the congress ; and thus the elements of strife strates 
seemed to be spreading and extending their influence, Slftr^ 
threatening the utter defeat of a union under the pro- ence of 
posed articles of confederation. Amid this heated con- rjfurnais 
flict of claims and interests, of opinions and passions, of con- 
it was impossible to foresee how the contending parties greSS ' 



750 THE GOVERNMENTAL HISTORY OP 

Part IV. the revolutionary union of the colonies 

The crisis could be reconciled, or how any compact could be de- 
federation" v i se d to meet the wants, wishes, and interests of all. 
1779-81. Happily, however, in February following, the legisla- 
ture of the state of New York cast a healing branch 
into the bitter waters by an act authorizing a surrender 
to congress, " for the use and benefit of such states as 
should become members of the Federal Alliance," of 
a part of the western domain claimed by her. This act 
was as follows : 
Mediatory « Whereas nothing, under Divine Providence, can 
more effectually contribute to the tranquillity and safety 
of the United States of America than a Federal Alli- 
ance, on such liberal principles as will give satisfaction 
to its respective members : And whereas the articles of 
confederation and perpetual union, recommended by 
the honorable congress of the United States of America, 
have not proved acceptable to all the states ; it having 
been conceived, that a portion of the waste and uncul- 
tivated territory, within the limits or claim of certain 
states, ought to be appropriated as a common fund for 
the expenses of the war ; and the people of this state 
of New York, being on all occasions disposed to mani- 
fest their regard for their sister states, and their earnest 
desire to promote the general interest and security, and 
more especially to accelerate the Federal Alliance, by 
removing, as far as it depends upon them, the before 
mentioned impediment to its final accomplishment. 
"To ac- "Be it therefore enacted, by the people of the state 
c«terate f j$ QW York, represented in Senate and Assembly, and 
rai alii- it is hereby enacted by the authority of the same ; That 

passed by ** sual * anc * mav be l aw f u l> to an( * f° r tne delegates of 
New York, ^] ns state, in the honorable the congress of the United 
1780. ' States of America, or the major part of such of them 
as shall be assembled in congress, and they the said 
delegates, or the major part of them so assembled, are 
hereby fully authorized and empowered, for and on be- 
half of this state, and by proper and authentic acts or 
instruments, to limit and restrict the boundaries of this 



THE UNITED STATES OP AMERICA. 751 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 

state in the western part thereof, by such line, or lines, The crisis 
and in such manner and form, as they shall judge to f e Veratkm" 
be expedient ; either with respect to the jurisdiction 1779-81. 
as well as the right or pre-emption of soil ; or reserv- g a e t r es d em- 
ing the jurisdiction in part, or in the whole, over the powered 

to restrict 

lands which may be ceded or relinquished, with respect her bound- 
only to the right or pre-emption of the soil. anes - 

" And be it further enacted, by the authority aforesaid, 
that the territory, which may be ceded or relinquished, 
by virtue of this act ; either with respect to the juris- 
diction as well as the right or pre-emption of soil, or 
the right or pre-emption of soil only; shall be and 
ensue for the use and benefit of such of the United 
States, as shall become members of the Federal Alli-^"£° se8 
ance of said states, and for no other use or purpose what- grant. 
soever" 

"And be it further enacted, by the authority aforesaid, Lands, 
that all the lands to be ceded and relinquished, by vir- disposed 
tue of this act, for the benefit of the United States, with of * 
respect to property, but which nevertheless shall remain 
under the jurisdiction of this state, shall be disposed 
of and appropriated in such manner only, as the con- 
gress of the said states shall direct ; and that a warrant 
under the authority of congress, for surveying and lay- 
ing out any part thereof, shall entitle the party in whose 
favor it shall issue, to cause the same to be surveyed 
and laid out, and returned according to the directions 
of such warrant ; and thereupon letters patent under 
the great seal of this state shall pass to the grantee for 
the estate specified in said warrant ; for which no other 
fee or reward shall be demanded or received, than such 
as shall be allowed by congress. 

"Provided always, and be it further enacted, by the Proviso, 
authority aforesaid, that the trust reposed, by virtue 
of this act, shall not be executed by the delegates of 
this state, unless at least three of the said delegates shall 
be present in the congress : 

" State of New York, ss. I do hereby certify, that the 



752 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE REVOLUTIONARY UNION OF THE COLONIES 



The crisis aforegoing is a true copy of the original act, passed 
^J^ 19th February, 1780, aud lodged in the secretary's 
1779-81. ' office. 



Robert Harpur, Dep. Sec'y of State" 



Proceed- 
ings in 
congress, 
upon the 
mediatory 
act of 
New York, 



Necessity 
of releas- 
ing land 
claims to 
promote 
the con- 
federation. 



This magnanimous act on the part of the state of 
New York was laid before congress March 7th, 
1780, and its provisions formally carried out by the 
delegates from that state. In September of the same 
year, the congress made it the basis of an appeal to the 
other states for a similar cession of their territorial 
claims. To speak from the record : 

"September 6th, 1780! Congress took into considera- 
tion the report of the committee to whom was referred 
the instructions of the General Assembly of Maryland 
to their delegates in congress respecting the articles of 
confederation ; and the declaration therein referred to ; 
the act of the legislature of New York on the same 
subject; and the remonstrance of the General Assem- 
bly of Virginia ; which report was agreed to, and was 
in the words following : 

" That having" duly considered the several matters to 
them submitted, they conceive it unnecessary to exam- 
ine into the merits or policy of the instructions or 
declaration of the general assembly of Maryland; or 
of the remonstrance of the general assembly of Vir- 
ginia; as they involve questions, a discussion of which 
was declined on mature consideration, when the arti- 
cles of confederation were debated ; nor, in the opinion 
of the committee, can such questions be now revived 
with any prospect of conciliation: That it appears 
more advisable to press upon those states which can 
remove the embarrassments respecting the western 
country, a liberal surrender of a portion of their ter- 
ritorial claims, since they cannot be preserved entire 
without endangering the stability of the general con- 
federacy ; to remind them how indispensably necessary 
it is to establish the Federal Union on a fixed and per- 



THE UNITED STATES OP AMERICA. 753 

UNDER THE DECLARATION OF INDEPENDENCE. PART IV. 



manent basis, and on principles acceptable to all its The crisis 
respective members ; how essential to public credit and federation' 
confidence; to the support of our army; to the vigor 1W9-8L 
of our councils and success of our measures; to our 
tranquillity at home; our reputation abroad; to our Appeal to 
very existence as a free, sovereign, and independent * he state8 
people: That they are fully persuaded, the wisdom of gress.Sept. 
the respective legislatures will lead them to a full and b ' 
impartial consideration of a subject so interesting to 
the United States, and so necessary to the happy estab- 
lishment of the Federal Union: That they are con- 
firmed in these expectations by a review of the before 
mentioned act of the legislature of New York, submit- 
ted to their consideration; that this act is expressly 
calculated to accelerate the Federal Alliance, by re- 
moving, as far as depends on that state, the impediment 
arising from the western country; and for that purpose 
to yield up a portion of territorial claim for the general 
benefit; whereupon, 

" Resolved, That copies of the several papers referred resolution 
to the committee, be transmitted with a copy of the re- g"^'"^* e 
port, to the legislatures of the several states, and that cede west- 
it be earnestly recommended to those states who have 
claims to the western country, to pass such laws, and 
give their delegates in congress such powers, as may 
effectually remove the only obstacle to a final ratification 
of the articles of confederation; and that the legisla- Appeal to 
ture of Maryland be earnestly requested to authorize 
their delegates in congress to subscribe the said arti- 
cles." 

This resolution was followed, in October of the same Further 
year, by another, wherein the congress pledged the res0 utl0u ' 
faith of the people of the United States that such lands 
as might be ceded, should be used solely for the gen- 
eral benefit ; and to carve out of them new states which 
should be thereafter included within the general confed- 
eracy. This resolution was as follows, viz. : 

"In Congress, Tuesday, October 10th, 1780. Re- 
48 



754 THE GOVERNMENTAL HISTORY OF 

Part IV. the revolutionary union of the colonies 

The crisis solved, that the unappropriated lands that may be ceded 
federation or relinquished to the United States, by any particular 
1779-81. state, pursuant to the recommendation of congress of 
the sixth of September last, shall be disposed of for the 
Pledge of common benefit of the United States ; and be settled 
reference 111 anc * f° rme d m *° distinct republican states ; which shall 
to the ter- become members of the Federal Union, and have the 
ceded Oct same rights of sovereignty, freedom, and independence, 
10, 1780. as the other states : That each state, which shall be so 
formed, shall contain a suitable extent of territory; not 
less than one hundred nor more than one hundred and 
fifty miles square, or as near thereto as circumstances 
will admit: That the necessary and reasonable ex- 
penses which any particular state shall have incurred 
since the commencement of the present war, in sub- 
duing any British posts; or in maintaining forts or gar- 
risons within and for the defence, or in acquiring any 
part, of the territory that may be ceded or relinquished 
to the United States, shall be reimbursed: That the 
said lands shall be granted, or settled, at such times, 
and under such regulations, as shall hereafter be agreed 
on by the United States, in congress assembled, or any 
nine or more of them." 



Effect of The appeal and the pledge contained in the foregoing 
lutions 680 ' resolutions, were readily responded to, and the exam- 
ple of New York was cordially followed by Virginia, 
Massachusetts Bay, Connecticut, North and South Caro- 
lina, and Georgia ; and thus this fearful source of con- 
troversy was removed, so far as the Federal Alliance 
was concerned, and with its removal terminated the 
crisis of the confederation. 
Third The cession by Virginia quieted the apprehensions 

t r iTd r eie- y of Maryland, and on Monday, February twelfth, 1781, 
gates from the delegates from that state laid before congress a cer- 
Feb* i?8i. tified copy of an act of their legislature, which was 
See p. 712. re ad as follows : 

"An act to empower the delegates of this state in 



THE UNITED STATES OP AMERICA. 755 

UNDER THE DECLARATION OP INDEPENDENCE. PART IV. 

congress, to subscribe and ratify the articles of confed- The ar- 

,• tides of 

eratl0n - confcdera- 

" Whereas, it hath been said that the common enemy tion in 

COllTGSfl 

is encouraged by this state not acceding to the confede- 1781. ' 
ration, to hope that the union of the sister states may 
be dissolved ; and therefore prosecutes the war in ex- powering 
pectation of an event so disgraceful to America ; and ^™ *£ 
our friends and illustrious Ally, are impressed with an confedera- 
idea that the common cause would be promoted by our 
formally acceding to the confederation; this general 
assembly, conscious that this state hath, from the com- Reasons 
mencement of the war, strenuously exerted herself in i ere or ' 
the common cause ; and fully satisfied that if no formal 
confederation was to take place, it is the fixed determi- 
nation of this state to continue her exertions to the 
utmost, agreeable to the faith pledged in the union; from 
an earnest desire to conciliate the affection of the sister 
states; to convince all the world of our unalterable 
resolution to support the independence of the United 
States, and the alliance with his Most Christian Majesty ; 
and to destroy forever any apprehension of our friends, The alter- 
or hope in our enemies, of this state being again united beavoided. 
to Great Britain: 

"Be it enacted, by the General Assembly of Mary- Delegates 
land, that the delegates of this state in congress, or^Ho 
any two or three of them, shall be and are hereby em- ratif >- 
powered and required, on behalf of this state, to sub- 
scribe the articles of confederation and perpetual union 
between the states of New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, Con- 
necticut, New York, New Jersey, Pennsylvania, Del- 
aware, Maryland, Virginia, North Carolina, South 
Carolina, and Georgia, signed in the General Con- 
gress of the said states, by the honorable Henry 
Laurens, Esq., their then president; and laid before 
the Legislature of this state to be ratified, if approved. 

"And that the said articles of confederation and per- 
petual union, so as aforesaid subscribed, shall thence- 



756 THE GOVERNMENTAL HISTORY OP 



Part IV. the revolutionary union op the colonies 



The arti- forth be ratified and become conclusive as to this state, 
c leS f°d ra ail( ^ obligatory thereon. And it is hereby declared, 
tionin that by acceding to the said confederation, this state 
178?!'°"' doth not relinquish, or intend to relinquish, any right 
Third re- or interest she hath, with the other united or confed- 
aidratit? erate( l states, to the back country ; but claims the 
cation by, game as fully as was done by the legislature of this 
Feb.", iysi. state, in their declaration which stands entered on the 
Rescrva- journals of congress : This state relying on the justice 
tl0Q ' of the several states hereafter, as to the land claimed 

by this state. 
Further " And it is further declared, that no article in the 

?;!!" lilica " said confederation can, or ought to, bind this or any 
other state, to guarantee any exclusive claim of any 
particular state to the soil of the said back lands, or 
any such claim of jurisdiction over the said lands, or 
the inhabitants thereof. 

"By the House of Delegates, January 30th, 1781, 
read and assented to. By order, 

F. Green, Clerk. 
"By the Senate, February 2d, 1781, read and as- 
sented to. By order, 

James Macubbin, Clerk. 
"Tho. S.Lee, (L. S.)" 



tion 



Final rati- " In Congress, March 1st, 1781. According to the 
ficationot orc | er f the dav, the honorable John Hanson and Dan- 

the con- J ' 

federation, iel Carroll, two of the delegates for the state of Mary- 

1781 « 1St ' land, in pursuance of the act of the legislature of that 

state, entitled ' An act to empower the delegates of this 

state in congress to subscribe and ratify the articles of 

confederation ;' which was read in congress on the 12th 

of February last, and a copy thereof entered on the 

minutes ; did, in behalf of the said state of Maryland, 

See the sign and ratify the said articles; by which act the Con- 

ante C paee federation of the United States of America was com- 

630. ' plcted, each and every of the thirteen United States, 

from New Hampshire to Georgia, both included, hav- 



THE UNITED STATES OF AMERICA. 757 

UNDER THE DECLARATION OF INDEPENDENCE. PART IY. 

ing adopted and confirmed, and by their delegates in Signatures 

■ •pi,! • >> to the arti- 

congress, ratified the same. cles of 

I subjoin the names of the delegates by whom the confedera- 
ratification was signed, on behalf of their respective 
states : 

NEW HAMPSHIRE. 
Josiah Bartlett, John Wentworth, Jr. 

MASSACHUSETTS BAY. 
John Hancock, Francis Dana, 

Samuel Adams, James Lovell, 

Elbridge Gerry, Samuel Holten. 

RHODE ISLAND, &c. 

William Ellery, John Collins. 

Henry Marchant, 

CONNECTICUT. 

Roger Sherman, Titus Hosmer, 

Samuel Huntington, Andrew Adam. 
Oliver Wolcott, 

NEW YORK. 
Jas. Duane, William Duer, 

Fras. Lewis, Gouvr. Morris. 

NEW JERSEY. 
Jno. Witherspoon, Nathl. Scudder. 

PENNSYLVANIA. 

Robt. Morris, William Clingan, 

Daniel Roberdeau, Joseph Reed. 

Jona. Bayard Smith, 

DELAWARE. 

Thos. McKeane, Nicholas Van Dyke. 1 

John Dickinson, 

MARYLAND. 
John Hanson. Daniel Carroll. 



758 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



Signatures 
to the arti- 
cles of 
confedera- 
tion, 1781. 



VIRGINIA. 
Richard Henry Lee, Jno. Harvie, 
John Banister, Francis Lightfoot Lee. 

Thomas Adams, 

NORTH CAROLINA. 

John Penn, Jno. Williams. 

Corns. Harnett, 

SOUTH CAROLINA. 
Henry Laurens, Richard Hutson, 

Wm. Henry Drayton, Thos. Heyward, Jr. 
Jno. Matthews, 

GEORGIA. 
Jno. Walton, Edwd. Langworthy. 

Edwd. Telfair, 



Effect of 
the ratifi- 
cation up- 
on the in- 
dependen- 
cy of the 
United 
States. 



American 
independ- 
ency in 
Great 
Britain, 
1777-82. 



The final ratification of the Articles of Confedera- 
tion and perpetual union, by the thirteen United States, 
opened again a new and important era in our govern- 
mental history. It gave to their union the sacred and 
inviolable seal of a perpetual, irrevocable compact. It 
elevated them in their national character to rank and 
respectability among the empires of the world. It at- 
tracted towards them the consideration, the interest, 
and the sympathy, of foreign courts and princes, which 
enabled them with more facility to obtain loans, and 
negotiate alliances ; while it also settled the question 
of their independency in the councils of Great Britain. 

Had the prevailing sentiment of the parent nation, 
as it existed out of parliament and among the people, 
been allowed to influence administration, the inde- 
pendency of America would have been acknowledged 
by Great Britain soon after it was declared by the 
Colonies, if for no other reason than that the' heart 
of the nation was horrified and sickened by the inhu- 
manity, the barbarity, and the injustice, with which 



THE UNITED STATES OP AMERICA. 759 

UNDER THE CONFEDERATION. PART IV. 

the war was carried on. We have heard the com- American 
plaints of America on this head, and to complete our en^n " 
work we turn now to the record as it is written on the Great 

.,-,,. Britain, 

other side ot the Atlantic. 1T7T-82. 

The Duke of Richmond uttered the popular senti- 
ment, in his place in the House of Lords, in November, 
1777, when he characterized the conduct of the war in 
America by Great Britain, as " shocking beyond de- 
scription to every feeling of a christian or of a man!" 
" When," he continued, " we have heard of the cruelty The Duka 
of other civil wars, we used to rejoice not to have the mon( j c oa 
age, or the country we lived in, the scene of such the con- 
misery; but to see England, formerly famous for hu- the war. 
manity, coolly suffering the worst of barbarities to be^°"? eof 
exercised on her fellow-subjects, and appearing un-Nov.,i77Y. 
touched by the woes she causes, because they are at a 
distance and she does not experience any of them her- 
self, must be truly mortifying to any man who is in 
the smallest degree possessed of national pride. 

"If ever any nation shall deserve to draw down 
upon her the Divine vengeance for her sins, it will be 
this, if she suffers such a horrid war to continue. To 
me, who think we have been originally in the wrong, 
it appears doubly unpardonable. But even supposing 
we were right, it is certainly we who produce the war. 
And 1 do not think any consideration of dominion or 
empire sufficient to warrant the sacrifices to it. The 
best rights may be bought too dear, nor are all means 
justifiable in attaining them. To arm negro slaves Barbaritie* 
against their masters ; to arm savages, who we know of ** w * r * 
will put their prisoners to death in the most cruel tor- 
tures, and literally eat them ; is not, in my opinion, a 
fair war against fellow-subjects. 

"When we are unfortunately obliged to war with 
other nations, mutual esteem soon takes place between 
the troops, and reciprocal humanity prevails, which 
greatly alleviates the too many miseries of all wars ; 
but in the present contest, every mean artifice has 



760 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American been used to encourage the soldiery to act with asper- 

tmcTin ^' or a ^ acr ^!Ji as i^ l $ 110w the fashion to call it. 

Great "Instead of taking prudent measures to restrain the 

1777-82. military within the closest bounds of discipline ; instead 

of making them sensible, that, as they were to act 

against their countrymen, every possible means of 

saving their lives, and sparing their property, should 

The Duke ^ e llsG &> anc l every degree of compassion shown to men 

of Rich- w ho only erred from mistaken notions, and were still 

the con- to be considered as subjects of the same king; they 

duct of have been encouraged, by authority, to look upon their 

House of opponents as cowards, traitors, rebels, and everything 

Nov S 'i777 ^ na ^ * s vu0 > anc ^ *heir property has been, by law, de- 
clared lawful plunder. The natural effects have fol- 
lowed. A military thus let loose, or rather thus set on, 
brett'sPar- have given vent to that barbarity which degrades hu- 
liamentary man nature : and a total want of discipline and good 

Register, : . . ' L b 

1777. order is said to prevail. * 

So also when the Colonial and French alliance be- 
came known in England, the whole nation was alarmed 
and cried out for peace with America. The announce- 
ment of it in parliament produced among the opposi- 
tion members, in both houses, the most bitter denun- 
ciations of the ministry ; and the necessity of abandon- 
ing the contest altogether was warmly insisted upon, 
while the ministerial leaders and their adherents were 
actually dumb with amazement. 
The Earl The Earl of Abingdon rose in his place in the House 
doifonihe °^ Lords, and said : " I rise to express my utmost indig- 
aiiiance nation at what I have this day heard from his majesty's 
France, ministers. My lords, his majesty is betrayed, this house 
March, j s trifled with, the nation is insulted ; but I hope, my 
lords, this house has not lost its resentment, and that 
Englishmen will no longer bear the treatment they have 
met with. It is not more than twelve days past, that 
ministers told us that no treaty was signed between 
France and America ; and that they had every assur- 
ance of peace with France. And now, my lords, we 



THE UNITED STATES OP AMERICA. 761 

UNDER THE CONFEDERATION. PART IV. 

are told by those very ministers, that a treaty is signed American 
between France and America : And, by a message from e ncy P iu * 
his majesty, we are called upon to go to war with Great 
France. Is this possible, my lords ? A war with France ! 1777-82. 
Yes, and with Spain too ! Unable to cope with America 
singly, we are to have a war with France, and with 
Spain united, as if in our very weakness consisted our 
strength. This is madness, it is desperation, it is folly ! 
No, my lords, it is neither, it is wickedness. This 
country is sold to France. When suspicious men leave 
their duty and their office here, and inofficially take 
journies to Paris, there is something more than suspi- 
cion in this. If this country becomes a province of Debate on 
France, as I too much fear it will, that infamous family an ^ ^he'al- 
of the Stuarts may again be seated on the British throne. hance with 

France. 

My lords, there is no other key to open the mystery House of 
of these measures, and I am not single in my opinion : j f ord ?' 
The eyes of many see it in the same light, and I could 1778. ' 
wish it to become the subject of your lordship's atten- 
tion." 

The Duke of Richmond said — " If we attack France, The duke 
America is bound in honor to assist her against us ; ^q^ 
and if we could not conquer America singly, when 
joined with France there appears to be little hopes of 
our success ; I beg your lordships, therefore, maturely 
to consider the consequence of a rupture with France 
on the ground of the treaty. Commencing a war upon 
such a ground would not only confirm the independ- 
ency of America, but put an end to all hopes of recon- 
ciliation with her on any terms." • 

The Duke of Grafton said — " The crisis is such as The duke 
justifies the interference of every honest citizen who ofGrafton ' 
has any stake to lose. The public are intimately con- 
cerned in the event of the present measures. Every- 
thing dear to them, as men, or citizens, was committed. 
The consequence of these measures would decide 
whether they were to possess their liberties and prop- 
erties. I would ask the most zealous supporters of the 



762 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



American 
independ- 
ency in 
Great 
Britain, 

1777-82. 



Debate on 
the war, 
House of 
Lords, 
March, 
1778. 



The duke 
of Rich- 
mond 
scouts the 
idea of 
subduing 
America, 
April, 
1778. 



Moves an 
address, to 
the crown 



present administration if there is the most distant pros- 
pect of any one measure succeeding in their hands ? 
Ministers were indeed honest enough not to pretend it. 
They have, in this instance, given one proof of their 
modesty and candor, they are silent. Are you able to 
conquer or conciliate America ? Are you able to defend 
the several dependencies of the British empire ? Are 
you more than a match for France and Spain in the 
European seas ? Have you one ally on the continent 
of Europe ? The answers to all this, are reducible to 
a tacit no. They virtually reply, no, because they de- 
cline to answer." 

The Duke of Richmond again rose and said — " The 
very idea of forcing America back to subjection, and 
conquering the thirteen provinces, is so absurd that 
the eyes of all Europe have been provoked to regard 
the attempt as impossible. To carry on a war at such 
a distance as America is situated from Britain, to trans- 
port an army of forty thousand men across so extensive 
a sea as the Atlantic, and to suppose it possible to 
victual that army by sending it provisions from Europe, 
is considered altogether a project unparalleled in his- 
tory, and so improbable to be successfully practiced, 
that every nation in the least conversant with the art 
of war, confesses its admiration of the lunatic scheme. 
I beg your lordships to consider, that the acts of mad- 
men create admiration as well as the acts of the sensi- 
ble. It is as natural to wonder that any man should 
dare attempt what was highly probable to end in his 
ruin, as it is to be surprised at those bold efforts which 
nothing but the most solid judgment and the most seri- 
ous wisdom could dictate. I have joined in the admi- 
ration confessed by all the world, and finding (as I 
have with others supposed) that the attempt to conquer 
America will fail, I have thought it necessary to move 
an inquiry into the state of the nation, that your lord- 
ships might, if it were possible, adopt such measures 



THE UNITED STATES OP AMERICA. 763 

UNDER THE CONFEDERATION. . PART IV. 

as are likely to avert the ruin which threatens the king- American 
dom, on account of the war with America. encyila d " 

TJie Duke concluded, by moving an address to the Great 
crown, which address he read to the house, then in 1777^82. 
committee of the whole on the state of the nation. 
The address enters fully into the condition of affairs, Debate on 
and proceeds to say, " from this view of things we HoJse'of 
are led to conclude, that if the whole force in North Lords, 

April 

America, (which for these last two years has been so 177s.' 
greatly superior to what there seems to be any possi- 
bility of making it in the course of this year), has made 
so little impression towards the reduction of the prov- 
inces by # arms, at a time when they were very deficient 
in military preparations of all sorts ; had neither money, 
arms, ammunition, magazines, clothing, discipline or 
government ; when the assistance they might receive 
from foreign nations was far less than it has been since, The duke 
and is likely to be in future, by the avowed part which of Ric , h - 
France has taken ; it is not reasonable to suppose that motion for 
they may now be reduced by a force, which we cannot ^ ^ddresa 
make even equal to that which has failed under circum- crown, 
stances in every respect more favorable. 

" That we conceive this impossibility not to have 
arisen from the accidents of this war, but to result from 
the very course of nature ; to be the necessary conse- 
quence of an attempt to reduce to servitude a numer- 
ous people, united in the defence of their liberties, in a 
distant, extensive, and strong country. 

" That we conceive that his majesty, and the parlia- 
ment, could not have been induced to prosecute so fatal 
a war, but from the misled information they received 
of the disposition of the people in America ; of their 
disunion ; and of the possibility of reducing them by 
force of arms, to unconditional submission, and to the 
acknowledgment of the supreme authority of parlia- 
ment, before a complaint even of just grievances should 
be listened to. , 

" That it was the peculiar duty of his majesty's min- 



7G4 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American isters, to procure correct information on matters of such 
mdepeud- jjj^ importance, and to have laid the whole of such 

ency in & i ' 

Great information before his majesty, and before parliament, 
1777-82. previous to their proposing such steps as have led us 
Debate on into our present calamitous situation. 
HouscTof " That we cannot but lament, that when propositions 
Lords, f a similar nature to those lately proposed and 
1778.' enacted, were three years ago repeatedly offered to 
The duke parliament, in both houses, his majesty's ministers, the 
mond's very men who now have advised greater concessions, 
m ° U dd f ° r did, upon delusive arguments and false representations, 
to the prevail on parliament to reject those propositions, at a 
crown. ^- me w j ien fa G y won \^ probably have been successful, 
and might have prevented the prodigal, and, we fear, 
fruitless waste of so much treasure, and the still more 
to be lamented effusion of so much blood. 
Advises a " That under these circumstances, we can give his 

withdrawal mai - esty n0 fl ier advice, than instantly to withdraw his 
of forces ** * . 

from fleets and armies from the thirteen revolted provinces, 
America. wnere tne y are d eca ying and wasting, where they sub- 
sist with difficulty, cost immense sums of money, can 
answer no good purpose, particularly at this time, when 
they are much wanted for our security at home ; to 
effectuate conciliation with the colonies on such terms 
as may preserve their good-will, on the preservation of 
which the future greatness of this nation may in a great 
measure depend." 
Lord Chat- The Earl of Chatham, who had been for a long time 
ham on kept from the national councils by infirmity and sick- 
foranad- ness, impelled by the importance of the occasion, had 
dress to come i n t parliament and was present during this de- 

the crown. ? r ° 

bate, and when this motion was made : vv llliam ritt, 
the earl of Chatham, was one of the most powerful 
exponents and eloquent defenders of constitutional 
freedom that ever adorned the legislative annals of any 
nation. He was always the friend of America, and 
early espoused the cause of the colonies as an act of 
justice to them as well as fidelity to the British consti- 



THE UNITED STATES OE AMERICA. 7G5 

UNDER THE CONFEDERATION. PART IV. 

tution: He never tolerated the idea of their inde- American 
pendency, but he now saw, with evidently deep solid- J]^ 1 ^ 
tude, everything tending towards that result : He Great 
came forward therefore not as the foe of America, nor i777_82. 
yet as the apologist or defender of ministerial meas- 
ures, but in pure, patriotic, love and pride for that great Debate on 
kingdom, whose greatness had been, in a large meas- TT 0Use ~ f 
ure, the fruit of his own labors, and had always filled Lords, 

. . April, 

his ambition and his heart. 1778. 

His lordship began by lamenting that his bodily in- 
firmities had so long, and especially at so important a 
crisis, prevented his attendance on the duties of par- 
liament. He declared that he had made an effort 
almost beyond the powers of his constitution to come 
down to the house on this day, (perhaps the last time 
he should ever be able to enter its walls,) to express 
the indignation he felt at an idea which he understood The Earl 
had gone forth, of yielding up the sovereignty ofhamonthe 
America ! moti ?? for 

an address 

"My lords," he continued, " I rejoice that the grave to the 
has not closed upon me ; that I am still alive to lift up c " 
my voice against the dismemberment of this ancient 
and most noble monarchy ! Pressed down as I am by 
the hand of infirmity, I am little able to assist my 
country in this most perilous conjuncture : But, my 
lords, while I have sense and memory, I will never con- 
sent to deprive the royal offspring of the house of 
Brunswick, the heirs of the princess Sophia, of their 
fairest inheritance. Where is the man that will dare 
to advise such a measure ? My lords, his majesty suc- 
ceeded to an empire as great in extent as its reputation 
was unsullied : Shall we tarnish the lustre of this na- 
tion by an ignominious surrender of its rights and fair- 
est possessions ? Shall this great kingdom, that has 
survived whole and entire the Danish depredations, the 
Scottish inroads, and the Norman conquest ; that has 
stood the threatened invasion of the Spanish Armada, 
now fall prostrate before the House of Bourbon? 



766 THS GOVERNMENTAL HISTORY OF 

Part IV the permanent union 

American Surely, my lords, this nation is no longer what it was ! 
dent^lu Shall a people that seventeen years ago was the terror 
Great of the world, now stoop so low as to tell its ancient 
1775-82. inveterate enemy, take all we have only give us peace ? 

It is impossible ! 
Debate on "I W age war with no man, or set of men. I wish 
House of for none of their employments ; nor would I co-operate 
Lords, with men who still persist in unretracted error ; or who 
1778.' instead of acting on a firm, decisive line of conduct, 
halt between two opinions where there is no middle 
path. In God's name, if it is absolutely necessary to 
The Earl declare either for peace or war, and the former cannot 
ham on the De preserved with honor, why is not the latter com- 
motion for menced without hesitation ? I am not, I confess, well 
to the informed of the resources of this kingdom ; but I trust 
crown. ^ j iag S ^Y[ sufficient to maintain its just rights, though 
I know them not. But, my lords, any state is better 
than despair. Let us at least make one effort : and if 
we must fall, let us fall like men ! " 

Here his lordship sat down considerably exhausted. 
Earl Temple said to him, " You forgot to mention 
what we talked of; shall I get up?" Lord Chatham 
replied, "no, no, I will do it by and by." 
The Duke The Duke of Richmond answered the noble earl, and 
moud in spoke of the absurdity of expecting success in Amer- 
T eP d n * ca > anc * ex P resse d his anxiety to retain the Ameri- 
ham. cans as allies, " because," he said, " if they are not on 
terms of friendship with us, they must necessarily 
throw themselves into the arms of France. And if 
we go to war with France on account of the late treaty, 
the colonies will look upon themselves as bound in 
honor to assist her." 
Lord Chat- Tlie Earl of Chatham, deeply moved, again endeav- 
ThTdebSe ored to rise to reply, but after two or three unsuccess- 
cut off by f u i attempts to stand up he fell down on his seat in a 
illness, swoon, and was immediately assisted by the Duke of 
April 7th. Q um b er land, and the Earls Temple, Sta?n r ord, and oth- 
ers. He was removed thence into the prince's chain- 



THE UNITED STATES OP AMERICA. 767 

UNDER THE CONFEDERATION. PART IV. 



ber, and Dr Brocklesby, who happened to be near, im- American 
mediately attended upon him. This was his last ap- JjencyTn 
pearance in parliament ; it was his last illness. The Great 
house immediately adjourned to the next day, and]77 7 _ 8 ' 2 . 
before the debate on this question ended the Earl of * Bee J. 

™ .1 ■ r* Debrett'a 

Chatham ivas no more I Pariia- 

This patriotic speech of Lord Chatham, and the sol- jJIJj'JjJ 

emn and thrilling scene which closed his efforts, pro- 1778. 

duced a powerful impression upon the house, and 

defeated the motion and address to the crown proposed 

by the Duke of Richmond. 

The debate was opened again in connection with the Debate on 

tnG w&r. 

subject of the French Alliance, in the House of Com- House of 
mons, at the next meeting of parliament. His majesty ^q^™ ^ 
inaugurated the session with a speech from the throne, 
in which he alluded to the critical conjuncture which 
prompted him to call them together ; the extraordinary Speech of 
and unwarrantable interference of France " by the clan- * ^^ e ng 
destine supply of arms and other aid to the revolted opening of 
provinces in America; by avowing openly their sup-m en t. 
port, and entering into formal engagements with the 
leaders of the rebellion ; and at length, by committing 
open hostilities and depredations on our faithful sub- 
jects in America and the West Indies ; " while he also 
informed them that " the conciliatory measures, planned 
by the wisdom and temper of parliament " had not ter- 
minated the troubles in America. 

The Hon. Mr. Grenville moved an " address of Mr. Gren- 
thanks to his majesty for his most gracious speech from H ^ S Q ™°' 
the throne ; to acknowledge his majesty's paternal thanks to 
regard for the happiness of his people, in his earn est jesty. 
and uniform endeavors to preserve the public tranquil- 
lity," regretting that the measures taken had failed of 
accomplishing the desired result, and assuring his maj- 
esty of " the hearty co-operation and concurrence of his 
faithful Commons." Mr. J. Campbell seconded the mo- s ec0 nded 
tion, saying "that the conduct of America had made^ Mr ,- f; 

-. . , , , , „ Campbell. 

rigorous measures necessary and unavoidable, and that • 



7G8 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union. 

American however different opinions may have been respecting 

indcpcn- 

dency in America, yet respecting France there could be but one 
5 r . ea * opinion. 

1777-82. Right Hon. T. Townshendsmd he objected to the words, 
'the earnest endeavors to maintain the public tran- 
the motion quillity.' He declared that those who began this war with 
of thanks America were the disturbers of the public tranquillity ; 
king. and he moved to amend by stating in the proposed ad- 
Commons dress, " that we think it one of our most important duties 
No*. 1778. in the present melancholy posture of affairs, to inquire 
Towns- ky what fatal councils, or unhappy system of policy, this 
hend. country has been reduced from that splendid situation, 
which in the early part of his majesty's reign made her 
the envy of all Europe, to such a dangerous state as 
that which has of late called forth our utmost exer- 
tions without any adequate benefit." 
Mr. Fox on Mr. Fox seconded the amendment, and after se- 
ment to verely arraigning the conduct and measures of the 
t ¥ t mol t on ministry, exclaimed — " Good God ! Sir, are these the 
hands into which you will trust the fate of your em- 
pire ? Who can listen to such facts without indigna- 
tion and contempt of such a ministry ? And what 
man will join in an address to keep ministers in office 
who are capable of such mismanagement, and such 
plans of operation for war ? 

"You have now two wars before you, of which you 

must choose one, for both you cannot support: The 

war against America has been hitherto carried on 

against her alone, unassisted by any ally whatever: 

Notwithstanding she stood alone, you have been obliged 

uniformly to increase your exertions, and to push your 

efforts in the end to the extent of your power, without 

being able to bring it to any issue : You have exerted 

all your force hitherto without effect, and you cannot 

now divide a force found already inadequate to its 

Favors object: My opinion is for withdrawing your forces 

in^the™ from America entirely, for a defensive war you never 

troops. • C an think of there, of any sort: A defensive war 



THE UNITED STATES OF AMERICA. 769 

TJNDER TUE CONFEDERATION. PART IV. 

would ruin this nation at any time and in any circum- American 
stances: Offensive war is pointed out as proper for encym 
this country; our situation points it out; and the spirit ® r ? at . 
of the nation impels us to attack rather than defence: 1777-82. 
Attack France then, for she is your object. The nature 
of the wars is quite different. The war against America D , 
is against your own countrymen; you have estopped the war, 
me from saying your fellow-subjects. That against commons 
France, is against your inveterate enemy and rival. Nov., 1778. 
Every blow you strike in America is against yourselves ; 
it is against all idea of reconciliation ; and against your 
own interest, though you should be able, as you never 
will, to force them to submit. America must be con- 
quered in France, France never can be conquered in tl ^ J^?* 
America. of thanks 

"The war of the Americans is a war of passion; it majesty, 
is of such a nature as to be supported by the most pow- 
erful virtues, love of liberty and of their country ; and 
at the same time by those passions in the human heart 
which give courage, strength, and perseverance to man. 
The spirit of revenge, for the injuries you have clone 
them; retaliation, for the hardships inflicted on them; 
and of opposition to the unjust powers you would have 
exercised over them; everything combines to animate 
them to this war: And such a war is without end; for 
whatever obstinacy enthusiasm ever inspired man with, 
you will now find it in America. No matter what gives 
birth to that enthusiasm, whether the name of religion 
or of liberty, the effects are the same. It inspires a 
spirit that is unconquerable, and solicitous to undergo 
difficulty, danger, and hardship : And as long as there 
is a man in America, a being formed such as we are, 
you will have him present himself against you in the 
field. The war of France is another sort ; the war of Urges a 
France is a war of interest; it was her interest that]^™* 11 
first induced her tp engage in it ; and it is by that inter- 
est that she will measure its continuance. Turn your 
face at once against her; attack her wherever she is 
49 



770 the' CxOVernmental history op 

Part IV. tue permanent union 

American exposed ; crush her commerce wherever you can ; make 
encjMn ner ^ ee ^ l ieav y au( l immediate distress throughout the 
Great nation; the people will soon cry out to their govern- 

Britain, » 

1777-82. ment. 

Lord George Gordon said ; " Sir, many compliments 

_ , , cannot in reason be expected from the friends of liberty 
Debate on L t J 

the war, on this side of the house, to that king under whose 
Commons government the court of Great Britain has been ren- 
Nov.,1778. dered contemptible in the eyes of France; and the 
friendship, and commerce, and assistance of America 
Lord cu * off? perhaps forever, from his subjects. Will his 
George Commons congratulate him on his drawn battle at sea? 

Gordon On a . 

the motion Will they congratulate him on his retreat by land ? 
to his S ^^ tnc y compliment him on the third year of the 
majesty, independence of the United States? Will they thank 
him for the honors and emoluments he has heaped upon 
his favorites during the course of the summer? Par- 
ticularly on the noble lord with the blue ribband (Lord 
North,') the ostensible minister at the dismemberment 
of the empire ? Will gentlemen rejoice and be glad at 
this fresh proof his majesty has given us in his speech, 
of his gracious intention to carry on the war in America ? 
Will they declare their readiness to impose more taxes 
on their constituents? And will they answer to his 
. majesty for the people paying them without a revolt at 
home ? 

"I mention the possibility of a revolt at home, be- 
cause our constituents have borne much already, they 
Burdens of have been patient and long-suffering. They have felt a 
the war. g ra( ] ua i imposition of taxes, till they have become an 
intolerable oppression. They have seen the revenues 
of the kingdom lavished in pensions to the most excep- 
tional characters. They have seen their trade with 
America cut off, and they have had a successful exam- 
ple of their fellow-subjects revolting from the expen- 
sive government of England, to the protection of a 
wise and virtuous congress. 

" Much has been said, sir, of his majesty's counsellors. 



THE UNITED STATES OP AMERICA. 771 

UNDER THE CONFEDERATION. PART IV. 

I have opposed them in parliament with great constancy American 
and firmness, and entertain as bad an opinion of their encyTu 
public capacity as any gentleman on this side of the Gl '. ea * 
house does. But they are his majesty's chosen servants, 1 777-82. 
whom he has been collecting from the different parties 
ever since his accession. Men, I presume, after his own D 
heart. They proceeded with the war in the colonies the war, 
according to his wishes, and America is now nearly lost commons 
to Great Britain. Their unhappy misconduct has ren- Nov., 1778. 
dered them contemptible to many of their fellow-sub- 
jects; and they have now little to depend on but his Lor( j 
majesty's favor and firmness : Yet, Sir, I see 110 pros- George 

i 1 , -r -. , \ t , • • Gordon on 

pect 01 a real change, for I don t believe his majesty the motion 
will be guilty of the ingratitude to abandon (at this °^ i*ig anks 
crisis) his obedient servants, in their distress ; and I do majesty. 
not hear, or know, that the people are about to choose 
a congress, or proclaim a protector. 

"The times, in my opinion, call aloud for a strong 
remonstrance to the king, setting forth our unparalleled 
grievances under his majesty's government. When the 
people show an inclination to demand redress, I will 
accompany them with the greatest pleasure ; but I will 
not be seen complimenting, when we should be calling 
to account." 

Sir John Wrottesley asked, "if the house was called Sir John 
upon for unanimity against France ? If it was for a ^^ ey 
war with America, I cannot give my approbation to motion of 
it. All that could be done, has been done. If fifty ins ma- 
thousand Russians were sent, they could do nothing. J est y* 
I would garrison New York, Rhode Island, and Halifax, 
and bring home the rest of the army." 

The Hon. James Luttrell said; "I will not agree to The Hon. 
treat the independency of America as a new considera-^"}^"*" 
tion ; for, I contend, that few men in England doubted cedes the 
that independency, when it was known that France had n C y P of " 
signed the treaty. We grasped at anything that talked ALnerica - 
of peace, but all knew the conciliatory terms were 
offered too late. All feel the mischief is done, and past 



772 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union* 

American recalling. As to ministers who lost America, it was 
ency P in then and is now a time for impeachment. As to meas- 
Great ures, it ought then and ought now to be the question, 

Britain, . . 

1777-82. whether America is stronger or weaker than when she 
defeated you ? Whether our resources are greater or 
- , . on less ? Whether the object contended for is worth the 
the war, vast price we set upon it ? In short, whether to gratify 
Commons an inhuman revenge upon America we shall suffer the 
Nov., 1778. ministers to ruin Great Britain? 

"I think that the present ministry, if continued in 
power, will lead the nation into such immense expense, 
and blunder the operations of war into so many defeats 
and disgraces, that France, Spain, and America, may 
dictate what terms they please to Great Britain, while 
bankruptcy, mourning, and despair, fill the streets with 
cries for any peace whatsoever. I shall therefore vote 
for. the amendment." 
Mr. Wilkes Mr. Wilkes said; "The present conjuncture, sir, 
peace with mus t indeed be allowed to be most critical, and peace 
America. j s not only desirable now, as at all times, but at the 
present period appears of absolute necessity to save this 
convulsed state from impending ruin. Thus far, I 
believe, a real unanimity prevails, but let me proceed. 
It is asked by several gentlemen, how is peace now to 
be obtained? Can any man point out a mode of restor- 
ing to us that blessing? I will hazard, sir, an opinion, 
of which my own mind is fully convinced. The meas- 
ure appears to me the only possible way of salvation to 
this country in the present dreadful dilemma: A di- 
lemma into which we have been precipitated by minis- 
ters whose conduct calls for the strictest inquiry; and 
the forfeit of whose heads, if the guilt lies at their door, 
can be but poor, amends to a ruined nation. The pro- 
position is indeed most humiliating, but if founded in 
necessity, the consequent disgrace is solely to be attrib- 
the recog- uted to those who created that necessity. I believe the 
nition of acknowledgment of the independency of the revolted colo- 

their mde- ° J x a J 

pendence. nies is the only measure which can re-establish the pub- 



THE UNITED STATES OF AMERICA. 773 



UNDER THE CONFEDERATION. PART IV. 

lie tranquillity. I sincerely think it would, both with American 
America and France ; and probably prevent a future J,',')^" " 
Spanish war. It would at this moment perhaps shut Gl ' eat 

n t Britain 

the temple oi Janus. 1777-82. 

"From the tyranny and mad conduct of an incapa- Debate on 
ble and wicked administration, it is become the measure w e war *. 
of a fatal necessity ; if we are in earnest to preserve Commons, 

Nov 1778 

in any degree of prosperity what remains ; if we would '' 
save our country from the brink of ruin ; if we seek Mr. Wilkes 
to avoid absolute beggary and bankruptcy. An uni-^*® f 
versal discontent now prevails. The people have no thanks to 
confidence in administration. They are detested byeg t y maj " 
the nation, and therefore continued in power. We 
sigh over American affairs, and all parties agree in 
lamenting that so little has been done by our fleets 
against France, after such an amazing expenditure of 
the public money on the navy. 

"The honorable gentleman, Sir, who moved the Thinks in- 
address, told us, that the Americans were determined C ytheoidy 
to separate their rights from ours, to dissolve all con- sourceof 

SJlffcitv 

nections between us. The fact is truly stated. They 
no longer consider themselves as embarked with us on 
board the sinking vessel of this state. They avoid us 
as a tyrannical, unprincipled, rapacious, and ruined 
nation. Their only fear is, that the luxury and profli- 
gacy of this country should gain their people. It was 
a long patience and forbearance they practiced before 
the idea of being severed from the mother country 
gained ground among the Americans. They were 
driven into it by our injustice and violence. Repeated 
violations of their rights, accumulated injuries, wanton 
insults, and cruelties shocking to human nature, have 
brought about this wonderful revolution. 

" Now it appears to me an impossibility to bring back Forbear- 
the Americans to any dependence on this kingdom. anceo /the 
Their first steps were marked by temper and modera- people. 
tion. They made the most humble and dutiful sup- 
plications to the throne, but at last were told that no 



774 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American answer would be given. From that moment their 

JmcyTn minds were totally alienated. At the beginning of 

Great their justifiable resistance they were not in the least 

1778-82. terrified sccvi formidine Martis, when only peaceful 

Debate on inhabitants of the country, or of open towns and vil- 

BoZTof lagcs. Since the declaration of independence, firmness 

Commons ail( j T jg 0r i iave governed all the councils of the con- 

rsov.,177o. . 

gross. I hat declaration was made at a moment which 
Mr. Wilkes proved them strangers to fear, and in their idea supe- 

motion of rior to a11 tlie efforts of which we were capable. It 
thanks to was in July, 1776, immediately after the safe arrival 
jesty. °f the whole fleet of transports, victualers, and store- 
ships, without any loss or separation ; and after his 
majesty's troops, under the command of General 
Howe, had been landed upon Staten Island without 
any opposition or interruption, as we were informed by 
our own gazette. 
Firmness " From that fatal era, has the Congress, or any one 
congress of the thirteen United States, discovered the faintest 
and states. w j s ] 1 f re t U rning to the obedience of our sovereign ? 
No man will be bold enough to assert it. On the con- 
trary, the Americans have increased in their hatred of 
us, and aversion from the yoke of bondage which we 
were preparing for them, since we have brought into 
the quarrel the mercenaries of Germany, and the sav- 
ages of America, since plunder and cruelty have marked 
the progress of the royal army and its allies. 
The " What is their present situation ? A powerful ally 

aulance. lias declarecl in their f avor - Tlie French declaration 
goes much beyond what gentlemen seem to apprehend. 
It is mentioned here only as acknowledging their inde- 
pendence, whereas the preliminaries announced at 
Paris on the sixteenth day of December, to the Amer- 
ican Commissioners, by Monsieur Gerard, in the name 
of his Most Christian Majesty, asserted that he would 
support their independence by every means in his 
power. After this, are we in earnest when we affirm 
that there is any probability of their returning to our 



THE UNITED STATES OF AMERICA. 775 

UNDER THE CONFEDERATION. PART IV. 

obedience, to unconditional submission, or to any sub- American 

mission ? It is an object of belief too gross for the ^y 1 ^* 

fondest credulity, for ignorance made drunk. Gr ?at 

"If before the capitulation at Saratoga they rejected 1777-82. 

all our specious offers, are any offers now likely to be 

accepted ? Or can they be compelled ? Will another Debate on 

British army ever attempt to march from Montreal to House of 

Albany? Will the batteries on Sullivan's Island be£°™ns, 
J Nov., 1 778. 

again attacked ? Will Sir Peter Parker ever again 

judge it advisable to make an attempt upon Charles 

Town, South Carolina? Will he promise that, if the 

troops can co-operate in the attack, his majesty will 

again be in possession of Sullivan's Island ? Will any Mr. Wilkes 

English general command in America an army better on ^ e c 

D J motion of 

disciplined, better appointed, than Sir William Howe's ? thanks 
A series of four years of defeats and disgraces are surely majesty 
sufficient to convince us of the absolute impossibility 
of conquering America by force, and I fear the gentle 
means of persuasion have equally failed. We have 
therefore only the dernier resort of parting with our 
old friends, who can no longer be compelled or per- 
suaded to stay. Policy surely warns us not to do it in 
a manner to force them into the schemes of our ancient 
enemies to weaken, perhaps ruin, the mother country. 
To me it appears equally unavailing and indecent to Separation 
bring a railing accusation against the old foe of this un j lv01(J - 
kingdom, to talk of ' the malignant designs of France.' 
The conduct of our ministers, Sir, has affected the 
separation of America. She never will return, nor are 
you equal to coercive measures." 

The debate was continued by Lord North and Question 
others, in defence of Administration, and was closed tne motion 
by Mr. T. Townshend in a short reply, in which he of thanks - 
attempted to answer the several objections made to his 
motion. The house now grew clamorous for the ques- 
tion, which being put at half after two o'clock in the bre ' tt ' s p ar . 
morning, the house divided, and the amendment was liamentar 7 

Register 

lost: For the amendment, 107 ; against it, 226."* The Vol 44.' 
motion of thanks as originally made, was passed. 



776 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American Although he did not defend or justify the conduct 
uidepend- Qr mGasures f administration, yet the fact that the last 

ency 111 7 * 

Great great public effort of the late Earl of Chatham was made 
1777-82. i 11 opposition to the independency of America, added 
Effect of greatly to the strength of the ministerial party in par- 
tly Earl of Kamcnt. This, and the argument drawn from the 
Chatham s . 7 ° 

opposition delay which attended the ratification of the articles of 

can inde-" confederation, proposed by the congress to the colonies, 

pendency, still secured to ministry the confidence of the king. 

To prevent the federal alliance, therefore, as I have 

already had occasion to observe, was now the main 

hope and the chief aim of the ministry. It was a 

plausible scheme, and well devised to soothe the ear 

The minis- of majesty, as well as to captivate the popular hope. 

federal al- F° r if the union of the colonies were once dissolved, 

hance in ^] 1G alliance with France was broken up, and the tri- 

Amenca. x 7 

umph of the crown over both would be certain. Hence 
it was, that every step in the progress of the confeder- 
ation was watched with peculiar solicitude ; every arti- 
fice was resorted to by emissaries, hirelings, and pen- 
sioned agents of the ministry in America, to defeat its 
adoption by the provincial legislatures, and its ratifica- 
tion by their delegates in the congress. 

Its consideration here had already been so protracted 
and various that the permanency of the union itself 
seemed to be more in doubt than the issue of the war : 
And although the reverses sustained by the royal army, 
before the combined forces of France and America, 
favored the cause of our independency with the people 
and Commons in England, the ministry still clung to 
the persuasion that the states would never combine 
under the proposed federal alliance. 

But the articles of confederation having been fully 
ratified, and their permanent union being now accom- 
plished, there was nothing of hope from this source. It 
was thenceforth clearly and distinctly understood, that 
the result of the controversy depended entirely on the 
6UCCCSS of arms. 



THE UNITED STATES OP AMERICA. 777 

UNDER THE CONFEDERATION. PART IV. 

I have already noted the growing sentiment of hos- American 
tility in both houses of parliament to the further prose- onuy i n 
cution of the war in America: It continued to increase ^ ,eat 

. Britain, 

from year to year till it reached a culminating point in 1777-82. 
1781, when it came into parliament with a larger oppo- 
sition to, and a more general and severe denunciation 
of, the ministry. On the twenty-seventh day of Novem- Opening of 
her in this year, the king opened the session with an ^ nt . Not. 
address, in which he took occasion to say — "No en- session, 

. 1781. 

deavors have been wanting on my part, to extinguish 
that spirit of rebellion which our enemies have found The King's 
moans to foment and maintain in the colonies; and to ss * 
restore to my deluded subjects in America, that happy 
and prosperous condition which they formerly derived 
from a due obedience to the laws; but the late misfor- 
tune* in that quarter, calls loudly for your firm con- * Defeat of 
currence and assistance to frustrate the designs of our anliy [ n 
enemies, equally prejudicial to the real interests of America. 
. America and to those of Great Britain." ee p * 

Lord Southampton, as soon as the king was gone, rose 
and made a few brief remarks, and concluded them by 
moving, "that an humble address, &c, be made to his 
majesty"; which was seconded by Lord Walsingham, 
who entered pretty fully into the state of the country, 
and justified the measures which led to it, somewhat in 
detail. He was answered by Lord Wycomb, Earl of 
Shelburne, who began by saying: 

"i" am not surprised by the opinions and sentiments The Earl 
expressed bv the two noble lords who have moved and P 

1 * burne on 

seconded the motion for an address ; nor am I surprised the motion 
at the language we have this day listened to from the address to 
throne. I can easily account for a prince, possessed of the kin S- 
a valorous and generous mind, gathering firmness from 
misfortune, and assuming an air of dignity and deter- 
mination in the moment when calamity pressed hard 
upon him and his people. I can easily account to my- 
self, why his majesty, who had seen his empire at its 
acme, at a pitch of glory and splendor perfectly aston- 



778 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American ishing and dazzling, tumbled down to disgrace and ruin, 
ency in w ^h a degree of precipitation which no previous history 
Great could parallel, should rise in greatness of mind supe- 
1777-82. rior to the dreadful situation of his affairs. As little 
am I surprised that ministers should take advantage of 
_. . , the noble sentiments of their monarch, and contrive 

Debate on m ' 

the war. and fabricate such a speech as should best suit to flatter 
Lords 6 ° n * s personal feelings. But it is to be remembered that 
Nov. ses- those ministers had never governed long for the peo- 
' pie's advantage in any country, who had not fortitude 
The Earl enough to resist and withstand the mere impulse of 
of Shel- their master's sentiments, when the real state of the 

burne on . . . 

the motion empire called for a plain, sincere, undisguised represent- 
address to a ^ 011 °f ^ s condition ; and honestly tell him what 
the king, really was or was not advisable, or likely to retrieve his 
affairs, and bring them back again in some tolerable 
degree to the happy and prosperous condition in which 
they so lately stood. 
Prosecu- " The speech and the address talk of prosecuting the 
war impos* 3 - war ' how is it possible? Where are the resources? 
sible. With regard to men and money, to say nothing of the 
conduct of the admiralty, and of the army and navy, 
where are they to be had? With regard to allies, 
where are we to look for them? There is one power 
indeed in Europe, the amiableness and greatness of 
Forlorn character of whose sovereign, as well as his immense 
orEn* 1 - 011 resources, added to his great predilection for this coun- 
land. try, pointed him out as the only power that could inter- 
fere to our advantage, but to my certain knowledge the 
prince to whom I allude, regards the present war as a 
mad and desperate war for Great Britain to have un- 
dertaken and engaged in. 
Com- " This ill-fated war commenced in 1775 : No money 

mence- wag borrowed that year because ministers were fearful 

ment of J 

the war. of alarming parliament and the nation with the pros- 
pect of any additional expense. Blows began, and the 
fields of Lexington and Bunker's hill were the first wit- 



THE UNITED STATES OP AMERICA. 779 

UXDKR THE CONFEDERATION. PART IV. 

ncsses to the deplorable sight of Englishmen and fel- American 

.. iiidepend- 

low-subjects shedding each other s blood. ency iu 

"The campaign of 1776, commenced with the evacu-g™^ 
ation of Boston, and terminated with the affair at Tren- 1777-82. 
ton. That year we borrowed two millions. Th . e ca ™" 

J paign or 

" That of 1777 was distinguished chiefly by the capture 1776. 
of Philadelphia, and defeating the Americans in two 0f 1777> 
pitched battles; but how was it wound up? By the 
capture, or loss, of five thousand of our finest veteran 
troops, commanded by General Burgoyne. That year 
we borrowed five millions. 

"The campaign of 1778, opened a new scene in The cam- 
Europe and America. France declared against us. ^^ 
America was, by that means, forever separated from the 
parent state. Philadelphia and Rhode Island were 
abandoned or evacuated : And the debt incurred that 
year was. seven millions. 

"The campaign of 1779, in America, was various, The cam- 
and rather successful, but exhibited nothing decisive. iyf£ 
We gained ground in the southern provinces, but were 
unequal to the making any attempt in the northern or 
middle colonies, where only the resistance was or could 
be formidable. This year produced another powerful 
enemy in Spain, who declared against us; and this year 
we borrowed ten millions. 

" The campaign of 1780, was ushered in with the The cam- 
capture of Charles-Town, and was followed by some Y£$q ° 
signal advantages gained in the interior country ; but 
it ended unfavorably, with the total loss of a very valu- 
able corps under Colonel Ferguson ; and that year we 
borrowed twelve millions. 

"It would be taking up too much of your lordships' The cam- 
time to particularize the transactions of the year 1781. P^ 11 of 
It is sufficient to observe, that the campaigns ended 
with the capture of seven thousand of the best veteran 
troops in Europe and their gallant commander, and See p. 782. 
that we have scarcely a foot of ground in America 
which we can with confidence call our own: And that, 



780 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American this year, as the last, we added twelve millions more to 

eiicy in the national debt. 

Great "The question of continuing the American war, my 

Britain, i -, • • , 

1111-82. lords, is a most weighty one, and a question which ought 
not, by any means, to be hastily decided upon: In 
the war. order, therefore, to give due time for considering it 
lords' ° f w ^ n P ro P er attention, I have drawn up a motion which 
Nov. ses- I will read. — " To leave out all the address, after the 
loa ' 8 'second paragraph, and insert these words; 'And we 
The Earl will, without delay, apply ourselves with united hearts, 
burn 's" ^° P ro P ose an( ^ digest such councils, to be laid at his 
amend- royal feet, as may excite the efforts, point the arms, and 

command the confidence, of all his subjects.' 
The Duke The Duke of Richmond said, "I agree in almost 
mondon evci T argument and position of my noble friend. I 
the amend- applaud the proposition of the noble Earl. It is our 

ment and , , . 

motion duty to suggest salutary advice to the crown, and to 
dd* 11 stand up as assertors of the rights of the people: But 
I think there is little prospect of giving that advice 
with any effect, unless the original principles of the 
constitution are restored, and particularly the people 
have a real representation in the other house of parlia- 
ment: At present scarcely a seventh part of the people 
are represented, while all the remainder have no con- 
cern whatever, either virtually or individually, in the 
management of their own affairs, which your lordships 
well know the constitution of this country, as originally 
framed, gave them a right to have. My wish would be 
Advises a to change the system of the war ; to carry it on defen- 
system ° f sivcl y an( l not offensively. The great error has been, 
that we have acted upon the offensive without the power 
to do so with any effect. By changing it to a defensive 
war we might recover, and by and by be able to act on 
defensive * tlie offensive : And by a defensive war I mean to advise 
war, and a war y sefl? to strengthen our navy, the natural secu- 
draw the rity of the kingdom, and to lessen the army. I advise 
troops ^ ie withdrawing of the troops from America, and 
America, strengthening the West India Islands. If the Ameri- 



THE UNITED STATES OF AMERICA. 781 

UNDER THE CONFEDERATION. PART IV. 

cans are left to themselves, there is the greatest prob- American 
ability that a reconciliation might, in time, be effected. ency in 
•By prosecuting the war we only increase their animosity <* r . ea * 
against us, and rivet the bonds of their alliance with 1777-82. 
the French more strongly. 

The Earl of Abingdon said; "The American war The Earl 
was conceived in folly, tyranny, servility and corrup- doa on £ h " e 
tion, and must terminate in national ruin and disgrace, motion for 

an address. 

The Americans are Englishmen, and are ot course en- 
titled to participate in all the rights of Englishmen, the 
dearest and most valuable of which is, that of dispos- 
ing of their own money. That unquestionable claim The war 
is expressly denied, or it is attempted to be explained ^ ion> 
away, by all the bar subtleties and trammeled abilities 
of Westminster Hall in both houses. 

"On the other hand, if the political connection is He con- 

ppcIps their 

denied, if they are to be regarded as slaves, not sub- i ndepentl . 
jects, surely they are men entitled to all the rights and enc y- 
privileges of human nature. Upon this principle the 
people of America resisted. They legislated when they 
found themselves deprived of the rights of citizens, and 
in so doing they acted with equal wisdom and resolu- 
tion ; and are, in my opinion, so far as regards justice 
and prudence, founded originally in necessity, a distinct 
and independent state, and as much so as any other 
in Europe or elsewhere." 

The Duke of Grafton said ; " The original blunder, The Duke 
and the source of all our subsequent misfortunes, arose ° n tf™ f n °o. 
merely from the obstinacy of administration towards tion for an 
the conclusion of the year 1775. Though two warm 
encounters had taken place in New England, nothing 
more had been contended for by the people of America 
than an exclusive right to tax themselves. The people Taxation 
are, in other respects, firmly attached by sentiment and of tlie ^ var- 
interest to the British government. Mr. Penn, who 
had lately presided as governor of Pennsylvania, was 
called to this bar,* and underwent a very long exam-* See ,?, n te » 

' J D page 603. 

ination, the result of which was, that the people of 



782 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American America, from one end to the other, as far as he could 
independ- i earn — anc i ne ] ia( j n } s information from the congress 

eney in ° 

Great delegates at the time assembled at Philadelphia, where. 
session' he was actually informed by his own knowledge, — ' that 
Vl>1 ' 1 - ninety thousand and a fraction out of an hundred were 
thenar ° n eager to settle matters amicably with Great Britain, 
house of provided they had full satisfaction on the point of taxa- 
session, tion. Indeed, he might add, that he never heard of but 
17 81, two in all America who entertained a different opinion, 

and one of those was a madman, and the other an 

idiot.' 
The Duke " Ministers treated this important information with 
on ihemo! disregard, and proceeded to the enacting proscriptive 
tion for an and prohibitory laws ; which gave us the American vote 

of independence the following August, and a treaty 
TT with France in about eighteen months after. In my 

Urges a . . 

change of opinion, no measures, however well conceived or di- 

mmistry. g este( ^ C0VL \& succeed in the hands of the present minis- 
ters. Men must be changed as well as measures." 

Amend- The q ues tion on the amendment being put, was lost, 

mentiost, and the vote on the original motion for the address 

nXn being taken, it was carried. The Earls Richmond, Fiz- 

carried, w uiiam and Rockingham, " Dissentient — For reasons 

Nov. 27th. . ° ■ ' , ' 

too often urged in vain for these last seven years, against 
Dissenti- the ruinous prosecution of the American war, carrying 
their rea- on ^y n * s majesty's ministers against the people of North 
sons. America ; and too fatally confirmed by repeated expe- 
rience, and the late disgraceful loss of a second army ; 
to stand in need of repetition." 



Defeat of The defeat of the British army under Earl Corn- 
Cornwaiia' wa ji' coinm ander-in-chief of the royal forces in 

urmy, 7 

America, and the capitulation* which followed it, ter- 
minated the prosecution of the war, brought about the 
defeat of the ministry, and settled the question of the 
recognition of the independence of the United States 
of America, in the councils of Great Britain. This 
178L ' result was foreshadowed in the proceedings in the House 



THE UNITED STATES OP AMERICA. 783 

UNDER THE CONFEDERATION. PART IV. 

of Lords, in the session of Nov., 1781, to which I have American 
already sufficiently adverted. The subject was partially en C y P j^ " 
debated early in February, of the next year, on a motion Great 
made by the Duke of Chandos, " That a committee of the 1777-82. 
whole House be appointed on Monday next, to inquire Debate on 

„ . . , „ ' the defeat 

into the causes of the calamitous loss of the army com- f Lord 
manded by Lieutenant General Earl Cornwallis, and jj°™g all f 3 ' 
made prisoners, by the United States of America and Lords, 
the troops of France, at York-Town and Gloucester, in 
the province of Pennsylvania." 

In rising to make this motion, the Duke said, "He Motion of 
did not mean to embarrass ministers, collectively or in- ^"puke^ 
dividually. He had no ill-will to any one of them in of Chan - 
his private capacity ; nor in his public capacity was he 
farther interested in his or their removal, than as he 
imagined the public were interested, or might be bene- 
fitted by the same. As to the matter of inquiry" he con- 
tinued, "the sovereign parliament, and the nation at 
large, are entitled to be satisfied, as well upon the gen- 
eral principles of the failure of the war, as the disas- 
trous accidents which had happened. The capture of 
two British armies, of considerable strength and num- 
ber, is a circumstance, I believe, unknown to have taken 
place during the course of any one war in the modern 
annals of mankind ; but I mean to confine myself at 
present merely to the disaster at York-Town. 

Lord Starmont, reserving any expression on the Lord Star- 
merits of the motion, objected to it in its present form, j^* t0 ° tne 
saying, " if it was pressed in that form he would, as fully form cf 
declarative of his dissent, take the sense of the house tion. 
upon it. It would, in his apprehension, amount to a 
recognition of American independence ; he meant the 
concluding words, which stated, that ' Lord Cornwallis 
and his army had surrendered to the United States of 
America.' 

The Duke of Chandos, explained by stating, " It was The Duke 
not an assertion of any right of independency, or any ^ s ( ] han ". 
other right that he knew of; for the whole of the mo- ply- 



784 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American tion except the rnere form, was no more than a correct 
encvTn " transcript from one of the articles signed between Lord 
Great Cornwallis, as commander-in-chief of the British forces, 
1777-82. and General Washington, commander of ' the United 
Debate on States of America.' " 

of Lord The Duke of Grafton said, as there appeared some 

Cornwaihs. disposition in those who represented government in 
of Lords, that house, not to oppose the inquiry, he wished that 
Feb. 1782. || ie mo tj on m ight be amended ; and if it-did. not go to 
The Duke defeat the object of the noble Duke's proposition, he 
°ri ft I? ma ^e no doubt but his grace would agree to amend it 
tion of in- so as to remove the .objectional part. He agreed, 
quiry ' that stating a fact copied from the articles of capitula- 
tion at York-Town, would not amount to a recognition 
of the right of the independency of America ; but still 
Suggests j thought it better to meet the noble Viscount half 

an altera- ° 

tion of the way, than to stand out for what appeared to him little 
more than a mere matter of form. He was not pre- 
pared to move anything regularly, but, under favor of 
the noble duke, he would just beg leave to suggest the 
introduction of two words, styling themselves the Uni- 
ted States of America, &c.' 
Earl Gow- Earl Goivers, eemed to agree in a great measure with 
er objects ^ ie no ble duke who spoke last, and though he thought 

to the i . ° . . i 

form. such a narrative amounted to nothing positive, he 
thought it would be extremely improper that that, or 
the other house of parliament, should, by a solemn act, 
recognize, in any form, the United States of America. 
He wished, therefore, as both sides of the house seemed 
rather favorably disposed towards the inquiry, that the 
motion might be framed in such a manner as to put an 
end to a controversy upon the mere point of form. 
Earl Shel- Earl Shelbume said, he would go as far as any man 
bume is to CO ncilicLte the noble Viscount and the noble Duke, 

opposed to . -, e 

independ- but he must confess, how much soever he approved ot 
ency - what had fallen from the noble Earl who spoke last, he 

could not see the matter in the same point of view. 

He never could consent, under any possible circum- 



THE UNITED STATES OP AMERICA. 785 

UNDER THE CONFEDERATION. PART IV. 

stances, to acknowledge the independency of America. American 
But, for his part, as he wished to give his opinion encyTn d " 
without reserve, he could not for his soul discover how Gl- eat 

• c ill • Britain, 

such a motion, as it would stand if amended by his 1777-82. 
noble friend who sat near him, had the most distant Debate on 
tendency to recognize or establish the presumed inde- f Lord 
pendent claim of America, under the description of the ComwalUs. 
United States. Lords, 

Lord Starmont said, that whatever opinion might be '' 
entertained of the motion offered by the noble Duke ; 
or taking it upon the idea of the amendment suggested Lord Star - 
by another noble Duke (Grafton /) he was clearly of thinks the 
opinion that the amendment would not remove the [^"niotion 
difficulty. In that he perfectly agreed with a noble improper, 
Earl (Gowef) who rose early, that it would be ex- any ow ' 
tremely improper to adopt the language of those 
styling themselves 'the United States of America,' in 
a British house of parliament. 

The Duke of Richmond said, "the words United The Duke 
States of America struck him as essentially necessary mon( j 
to the motion. A great part of the inquiry might pos- thin . ks otn * 
sibly be directed solely to that point, and the surren- 
dering to the arms of the United States of America 
might turn out to be the chief matter of blame. 

"But the noble Lord in the green ribband (Viscount Thinks m- 
Starmonf) went farther, and said, 'were the words C y P Xeady 
United States of America to stand on the journals, it conceded, 
would be giving up the essential rights of the nation.' 
If any essential rights were given up, they were given 
up already. Lord Cornwallis and the other British 
officers who had signed the capitulation, had done it. 
That matter, therefore, and all idea of the recognition 
of the independence of America, is now past consider- 
ation.^ 

The motion was finally amended to read as follows : The form 
"That this house will on Monday next (the 11th) ^hf' 
resolve itself into a committee of the whole house, to motion 
inquire into the causes of the calamitous loss of the 
50 



786 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American army under Lieutenant General Earl Cornwallis, by 

ency P in d * being ma de prisoners of war at York-Town and 

Great Gloucester, in the province of Virginia." It was 

1777-82. agreed to in this form. 



Debate on The inquiry which was instituted in pursuance of 

the Wfir 

House of this resolution resulted in the exculpation of the com- 

Comnions manders of the royal army in America, and the utter. 
Feb., 1782. . * ...,,.„. 

condemnation of the ministerial advisers of the crown, 

in both houses of parliament. In the House of Com- 
mons, on the twenty-second day of February, 1782, 
General Conway rose and said, " that words which had 
fallen from him some time ago had been the means of 
General inducing gentlemen to request him to move the ques- 
ur^eTits ti° n which they all considered to be essentially neces- 
discontin- sar y m the present moment ; when they saw, notwith- 
standing all the assurances which the nation had 
received, that measures were apparently taking for the 
further prosecution of the American War. At this 
day it would be idle and impertinent in him to try to 
interest the passions of the house, by a description of 
Character this unhappy and miserable struggle. Its progress had 
duct C of n " been marked in the best blood of the empire. It was 
the war to be traced by havock and desolation ; by the rava- 
ging of towns and the murder of families ; by outrages 
in every corner of America ; and by ruin at home. It 
came home to the feelings of every individual in the 
house, and he doubted not but they had so much of it 
The neces- as to wish sincerely for that thing which could alone 
Blty of put a stop to further calamities, called peace. In the 
present moment, when there were certain indications 
of a design to continue that war ; when a new general* 
was appointed ; and when, as he had been credibly 
informed, there were preparations making for the next 
active, offensive campaign ; at that moment he thought 
* Sir Guy it necessary to ask, what was the design of government, 
Carlton. no t with regard to particular operations, but as to the 
general system ? Were we to go on in the same man- 



THE UNITED STATES OP AMERICA. 787 

UNDER THE CONFEDERATION. PART IV. 

ner as we had begun, and continued so long, in the ob- American 
stinate rejection of all advice which we could derive ^J^ 1 ' 
either from experience or disaster ? The desire of our Great 
gracious and well-inclined sovereign must be for peace. 1777-82. 
He had expressed it in his speech from the throne ; 
and it would therefore, he thought, in the present mo- Debate on 
ment, become that house to approach the throne with h^?^ 
an humble, earnest, and dutiful solicitation, that he Commons, 
would be graciously pleased to follow the benevolent '' 
wishes which he had expressed, to put an end to that 
calamitous war with our fellow-brethren in America. 
He concluded with moving, 

" That an humble address be presented to his majesty, Gen. Con- 
earnestly imploring his majesty, that, taking into his ^ ^^^j 
royal consideration the many and great calamities to the 
which have attended the present unfortunate war, and discontin- 
the heavy burthens thereby brought on his loyal and ue the war « 
affectionate people ; he will be pleased graciously to 
listen to the humble prayer and advice of his faithful 
Commons ; that the war on the continent of North 
America may no longer be pursued for the impractica- 
ble purpose of reducing the inhabitants of that coun- 
try to obedience by force : And expressing their hope 
that the earnest desire and diligent exertion to restore 
the public tranquillity, of which we have received his 
majesty's gracious assurances, may, by a happy recon- 
ciliation with the revolted colonies, be forwarded and 
made effectual ; to which great end his majesty's faith- 
ful Commons will be ready most cheerfully to give their 
utmost assistance." 

Lord John Cavendish seconded the motion, and, in a Lord Cav- 
very warm appeal to the honest and upright feelings o^g 81 ^^* 
of gentlemen, "begged and conjured them to take up motion, 
this matter with seriousness now, which, sooner or 
later, they must take up. The present motion, he 
contended, was regular and parliamentary ; for though 
they might not presume to advise his majesty what 
form of war to pursue, they might surely say what 



788 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American ought not to be pursued. The war with America not 
encv P< in d " navm o originated in laudable ambition, or in just 
.Great policy, had been conducted without the dignity that 
1W7-82. became the British nation. Narrow, low, and selfish 
in its principle, the conduct of it had been mean, 
Debate on miserable, and defective. It was begun and carried 

the war, t * ° 

House of on in pique, disgust, rancour, and narrowness. These 
FetT n i782 l° w passions had been fed by disappointment. Calam- 
ity, instead of making us wise, which was its common 
Origin, effect, had made us foolish. But we ought to consider 
and con- ' that sooner or later we must come to peace. We were 
duct of already poorer by seventy millions, than at the outset. 
stated by If, then, peace must at last be sought for, the sooner 
endish CaV " surely'the better ; for the old prejudices and predilec- 
tions of the Americans towards us might not even yet 
be worn away from the bosom. Their trade might yet 
revert to its old channel. But if the period was de- 
layed, they would find new tracks, where they must 
form new affections and new habits, to the extinction 
of the last sparks of kindness that remained in the 
bosom. 
Mr. Secre- Mr. Secretary Ellis* asked the indulgence of the 
*^ h ^ u ^ house, saying, that " although a very old member of 
tion to dis- parliament, he certainly was a very young minister, 
the war! As *° the American war, it had always been his firm 
opinion that it was just in its origin ; nor could the 
events that had since occurred make him change that 
opinion. But he never entertained an idea, nor did he 
believe that any man in that house ever imagined, that 
America was to be reduced to obedience by force. If 
his sentiments were not now the same as they ever had 
been respecting the practicability of the war, he did 
not feel himself so much under the influence of un- 
manly shame, as to be afraid to confess that a revolu- 
tion had taken place in his mind. He was free to con- 
* Recently fess, that he was not now so sanguine in his hopes of 
foT Amer;- success as he had been some time ago. Nor did he 
can affairs, think that the concession disgraced him ; for he held 



THE UNITED STATES OF AMERICA. 789 

UNDER THE CONFEDERATION. PART IV. 

it to be the duty of a statesman to conform to the cir- American 
eumstances of the times, and not blindly and obsti- ^f^ d " 
natelv adhere to opinions, merely because he had once Gl ' eat 

J , L ' . J Britain, 

entertained and supported them. 1778-82. 

" He could endure war only as the means of procur- 
ing a lasting and safe peace. It was on this principle Debate on 
alone that war could be justified ; and being governed h^^oY 
as he was by that principle, it was impossible that he Commons, 
could be an advocate for protracting the war one clay 
beyond that time when a permanent and honorable 
peace may be established. 

" But gentlemen did not seem so anxious for peace Mr. Secre- 
in general, as to put an end to the American war. ondie mo- 
Seeing things in the light in which he saw them, and t*. 011 fol ; a 

. i.i«»'i»- discontin- 

having the grounds which he had for forming his judg- uance of 
ment, he could not call the war in America the Amer- the war * 
ican war, its true name was the French war : For if 
he was not greatly mistaken, and he believed he spoke 
from very good authority, the army under General 
Washington in general, and the whole of the Amer- 
ican continental army, tuas fed, clothed, and paid, by 
France : So that it was France, not the congress, that 
was fighting in America: It was not mere locality * This was 
that gave name to a war; and therefore, from what he the , Iast , 

and fatal 

knew, he held himself to be authorized in calling the "dodge" 
war in America, a French war* Now if France might ^nktry. 
be fought in other countries as well as in France, if she 
was fought last year in Germany, he could not see any 
solid objection against fighting her this war in Amer- 
ica." After a few remarks further on the wording of 
the motion, Mr. Ellis concluded by saying, " he had 
thought it his duty to say thus much by ivay of confes- 
sion of faith in his new situation, and to gratify the 
curiosity of the house." 

Mr. Burke rose next, and made an admirable com- Sir Ed- 
mentary on the speech of the American secretary, Mr. g" r n k d on 
Ellis. " A confession of faith," he said " more obscure, the m <>- 
and more confused, more intricate and more absurd, 



790 THE GOVERNMENTAL HISTORY OP 

Part IV. thk permanent union 

American perhaps, was never published for the delusion and ca- 
encyTn d " l amit y of mankind : Like confessions of faith of the 
Great same unintelligible nature it could only be supported 
1777-&2. by miracles: For what has this new minister said? 
What satisfaction has he given to this house, and for 
Debate on what had the new arrangement in office been made, to 
House of which the nation had looked with expectation, and con- 
Feb in i78^ sidered as tne date of a new system, founded on con- 
viction of past errors, in which this fatal and ruinous 
war was to be given up ? Not one thing which had not 
been said a hundred times by the last American secre- 
tary, and which had been said for the delusion of the 
house five years ago : The American war was to be 
Sir Ed- continued ; the same system was to prevail ; the king- 
mund ( ] om was again to be drained of men to support it : 

Burke on .«. n -i 

the motion and more millions were to be lavished and lost in the 
conSn- 1S " P ursmt °f **■» f° r to a U this expressly did the con- 
uance of fession of faith of the new minister go. It might have 
been expected at least, that when a new minister was 
appointed, at least a new language would have been 
held, if not a new system adopted ; but even in this we 
are not gratified : Not one new idea, not one new sen- 
tence, not one new word ; but the self-same, old, hack- 
nied, stale, and common language as ever. Yes ! 
there was one new idea started, and he begged gentle- 
men to attend to it. This hopeful contest, though it 
was to be continued, was no more to be considered as 
an American war. Its locality was nothing ; its being 
carried on in the colonies was nothing ; it was now 
converted into a French war ; this was the only thing 
in which there was either novelty or change. And 
from the new arrangement in office this was all that 
had been produced. A new arrangement had been 
made that a peerage might be conferred upon a man 
who dismembered his country, that the American war 
might be converted into a French war, and that an old 
man might be changed into a new minister. He defied 
all the world to find another benefit from this alteration. 



THE UNITED STATES OF AMERICA. 791 

UNDER THE CONFEDERATION. PART IV. 

"The American war was to be considered as a American 
French war ; and we were to go on persecuting the ^cy^u* 1 ' 
Americans, not for the purpose of reducing the Amer- Great 
icans to obedience by force, but for the purpose of re- 1777-32. 
ducing the French. What was the absurdity, or rather 
what was the wickedness of this idea ? In the begin- Debate on 
ning of the present session the effect which the loss of Houle^f 
Earl Cornwallis' army produced, forced the ministers Commons, 
to give assurances to the house that they must contract 
the scale of the war, and that it would be conducted 
in future on a very different plan from what it had 
been : Here was the execution of this ministerial 
assurance. We will not prosecute the American war ; Sir Ed- 
we will drop that entirely; we have no further inten- m ^, ou 
tion of reducing the Americans to obedience by force ; the motion 
but — but — here is the fine ministerial distinction, and C ontiu. lS " 
the new plan of delusion, but we must prosecute the uance of 
French war which now rages in the fields of America. 
Did not gentlemen perceive at what they aimed by this 
new argument ? Under this new name of a French 
war, the American contest was to be persevered in, and 
from this new minister we were to receive exactly the 
old system. 

"But, say the gentlemen, our friends in America 

have done us all this mischief. Every calamity of the 

war has arisen from our friends ; and if such are to 

be our friends I hope to God that we may hear of 

them no more. When exhausted and famished had 
1 

our friends assisted us ? Had they brought us a single 
bullock, a single bushel of Indian corn ? Had they 
assisted us in any one shape or way ? No, they had 
drawn us in the north to Saratoga, and in the south to 
York-Town. What does the honorable gentleman 
mean by holding out the delusion of more friends? 
Did he recollect, or did he think of, the tenth article of 
the last capitulation ? Or did he mean to make an- 
other tenth article for the purpose of giving up what 
few friends we might still have left ? 



792 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American " The right honorable gentleman also has hopes of 
cnty P hi d " success - After all our calamities ; after having found 
Great by experience that when we had only America to op- 
1777-82. pose, we were unequal to the reduction ; now that we 
had fresh accessions of enemies ; nay, that we had the 
Debate on most powerful in the universe to oppose ; he has reason 
House of t° entertain hopes ! Miserable hopes ! What has the 
Commons, American war produced ? What but peerages and 
calamities ? What but insults and titles ? Was there 
anything to give hope ? yes, we must not only have 
hope, but confidence in ministers. Confidence ! could 
we have confidence in the" men who still determined 
to prosecute this mad and impolitic war ? It is impos- 
sible." 
Lord Shef- Lord Sheffield, was against the motion, and urged 
mttion for tliat " li would be impolitic to withdraw the troops from 
a discon- America, as the Americans then might destroy the West 
of the war. India Islands : He said he did not clearly understand 
the motion. He knew not how they could separate the 
war with America from the war with France ; or how 
they could talk of maintaining a war of posts (as it 
was called) without intending to make it a war of of- 
fence. If we had not a force in America which should 
be able to act as occasion might require, we must lose 
every post in detail from the river St. Lawrence to the 
cape of Florida. We must either fight France in Amer- 
ica, or we must fight her in the east, or at home in the 
rich fields of Britain. 
Mr. Wil- Mr. Wither force " said he was much in favor of the mo- 
berforce ^ion, and declared his opinion, that while the present 

on the mo- ' l 7 * 

tion for a ministry existed, there were no prospects of either peace 
uance of " or happiness to this kingdom. The motion tended to 
the war. j^id ou t wise advice and direction to ministers for their 
future conduct, respecting the American war : Their 
career hitherto had rather resembled the career of furi- 
ous madmen than the necessarily vigorous and prudent 
.exertions of able statesmen. He declared, from a part 
of what the new secretary had said, he began to sus-. 



THE UNITED STATES OP AMERICA. 793 

UNDER THE CONFEDERATION. PART IV. 

pect, what a subsequent part of his speech had fully con- American 
firmed in his mind, viz., that it was intended to pursue ^l p ^ d " 
this ruinous war in the former cruel, bloody, impracti- Great 

, , Britain, 

cable manner. 1777-82. 

Mr. T. Townshend spoke very strongly in favor of 
the motion : " It had been thrown out in the debate," ^ ebate on 

7 the war. 

he said, " that it was not now an American war, but a House of 
French war: That America was become dependent j^ 1 ™^ 
on France, that France had conquered America : What, Mr. t. 
then, could be inferred, but that France with thirty-four J h ° e 1 n j" on 
hundred men in America, had done more than England the mo- 
with seventy-three thousand ? 

Mr. C. Turner, said " that the people of England, espe- Mr. c. Tur- 
cially the poorer sort, were so reduced by the Amer- ner * 
ican war, that the farmers in the country were glad to 
sell their corn as fast as they could thrash it, merely to 
support themselves. He declared that he differed from 
those who looked to parliament for the salvation of the 
nation : He had trusted to them too long ; and the 
only salvation now lay in the people, whom he would 
join on the first occasion. 

Colonel Barre, moved, before they proceeded any far- Colonel 
ther on a subject of such importance, that the petition ^ a e r ^ ° t ° 
from the city of Bristol, lying on their table, might beforadis- 
read ; which being complied with, he rose and said ; ancVof * 
" The many burdens and grievous oppressions which it the wan 
is stated that great trading town labored under, were 
not peculiar to it ; they were common to the whole 
kingdom. I am confident that the city of London holds 
similar sentiments with regard to the war ; and the rea- 
son that your table is not loaded from all parts with 
petitions of the like nature with that just read, is, that 
the nation did not look up to parliament with that 
respect which they were formerly wont to do ; we have 
fallen into contempt in the eyes of the public ; and that 
alone is the cause that complaints of the distresses, 
heavy burdens, and intolerable hardships, which the 
nation endures, do not pour in from every quarter. 



794 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American An honorable gentleman has said, that this mode of 
^cy P m Qd " ^dressing the crown was unprecedented. Good God ! 
Great Sir, the situation of our country is unprecedented. 
1111-82. -^ n d is this a time, when the nation is verging on abso- 
lute ruin, to search for precedents to warrant us in 
Debate on those measures which may avert that destruction ? 

the war. * 

House of From what has fallen from the new secretary of state, 
Feb^nS C-flk Ellis,*) I can plainly perceive that the same 
wretched argument and folly which had hitherto 
promoted and carried on the accursed war still influ- 
enced the conduct of ministers. It is said we have 
many friends in America, and it would be cruel to 
abandon them to the merciless hands of the congress. 
It is an entire delusion, we have no friends in America; 
and ministers have been duped into the idea of the con- 
trary by the misrepresentations and falsehoods told by 
Col. Barre refugees here. From their erroneous misrepresentation 
tion forT" WG m ight chiefly attribute our disasters in America, 
discontinu- To contradict their lying reports to government we 
the war. need only refer to Lord Cornwallis's public letters. 
In them he tells us that he met none of those many 
loyalists he was made to believe he should meet in 
North Carolina, a province in which he stood most in 
need of them. In his march throughout almost the 
whole province, he said he found them ' timid friends 
and inveterate enemies.' Did this language denote loy- 
alty ? Were these the numerous friends and warm ad- 
vocates for this country, that ministers were so mighty 
tender of deserting ? However, his lordship being 
necessitated, through want of provisions and other cir- 
cumstances, to march to Wilmington, he there found a 
number of Americans assembling, not for the purpose 
of arming as would be falsely insinuated, but merely 
to see that gallant general {Lord Cornwallis) who had 
so repeatedly beaten General Green ! and as soon as 
the sight was over, and they paid their addresses to his 
lordship, they retired with as great expedition out of 
the town as they made in coming in ; and I have it 



THE UNITED STATES OP AMERICA. 795 

UNDER THE CONFEDERATION. PART IV. 

from very good authority, such as cannot be doubted, American 
that Lord Cornwallis could not, with any persuasion in en C C y P m n " 
his power, prevail on even an hundred men to arni Great 

-n n Britain, 

themselves in his support. From this account ot the 1777-82. 
disposition of the Americans, must not every man, 
endued with any degree of reason, see the impractica- ^ e e b ^ r on 
bility of subduing America by force ? House of 

The Secretary of War, (Mr. Jaskinson,) remarked, Feb^'Tm. 
" that if an end to the American war was what gentlemen The Secre- 
desired, the withdrawing our forces would by no means ^he mo- 
have that effect ; for America would certainly attack tion for . a 
us in her turn, so that we should still have an Ameri- a nce of the 
can war. Besides, her ports would be open, and would war * 
every day increase in wealth and power, a circumstance 
this nation should use their utmost endeavors to pre- 
vent. Gentlemen wished to be informed what govern- 
ment meant by a war of posts. My idea is, to keep no 
regular army in the field, but in keeping those posts we 
had, to add others to them whenever they should be 
found advantageous to us, thus affording us the means 
of attacking the enemy if an opportunity served of 
doing it with success. The address now moved for 
is not explicit enough, the terms of it are too obscure, 
nor can I see any possible benefit that could arise from 
it ; if I did, it should have my warmest support. 

Mr. Fox, exposed the duplicity of ministers, and Mr. Fox 
argued that the seats in the house were so filled by ^ n tbe m0 " 
placemen and contractors that the voice of the people 
was not fully represented among them. He said, " it is 
now evident that the war is to be pursued in America 
in the same mad manner in which it had been hitherto 
conducted." He reviewed the conduct of administra- 
tion with exceeding severity. 

Lord North defended the administration in quite a 
lengthened argument. 

The Hon. Wm. Pitt, spoke with his usual eloquence Wm Pitt 
on the motion, and urged the necessity of putting a ur g esan 
speedy end to the war. " It had been remarked," he said, w"ar. 



796 THE GOVERNMENTAL HISTORY OF ' 

Part IV. the permanent union 

American " in the debate by the new secretary, that ' to make peace 
encyTn ' witn tlie Americans you must make them feel the 
Great calamities of war.' Surely we ought to pay some respect 
1117-81. to the calamities of our constituents at home. They, 

I will be bound to say, felt all the calamities of war." 

Deb ate ™ j^ r , Rigby sa id, " he undoubtingly was of opinion some 

House of time back, that the American war was a just one ; he 

Feb. 1782. st ^ continued to think so. But he was also of opinion 

that the complexion of the times had altered, and that 

Mr. Rigby. ft was no l on g e r practicable to pursue it ; yet he should 

vote against the present motion (although he wished 

for peace,) as it interfered with the executive power, 

and left ministers in a situation not knowing what 

to do." 

Gen. Con- General Conway, explained the nature of his motion, 

way ex- _ . . • - 

plains and said, "it was necessary for the house to come to the 

his motion. resolution proposed, as a basis to treat upon, as it would 

show to the world that the House of Commons were in 

earnest." He concluded the debate by reviewing the 

Question arguments urged against the motion. At two o'clock 

tion Feb. m ^ ie morning the house divided on the motion ; ayes 

22d - 193, noes 194 ; giving a majority of one for continuing 

the American war. 



Unpopu- It i s evident from the debate on this motion, and from 
the war as the final vote, that the war with America had become 
disclosed unpopular even among the former adherents to adminis- 
debate. tration, and that the power of ministry was on the wane. 
The king was evidently alarmed, and anxious to escape 
from the dilemma into which he had been drawn. The 
difficulty under which the opposition labored seemed to 
be, how to separate the crown from the condemnation 
of his ministers ; or how to make the mediation of par- 
liament available, without infringing upon the royal 
prerogatives. 
Petition of The debate on this subject was renewed on the twen- 
London ° f ty-seventh of February, when " the sheriffs of London 
presented at the bar of the house a petition of tho 



THE UNITED STATES OF AMERICA. 797 

UNDER THE CONFEDERATION. PART IV. 

Lord Mayor, Aldermen and Commons of the city of American 
London, in common council assembled ; setting forth, eney P !n ' 
that the petitioners, in the p'resent state of public Great 

r r . Britain, 

affairs, moved by every sentiment that can impress the 1777-82. 
human mind with regard for the common welfare of 

,.,.-, , . , i • n j . Debate on 

this kingdom and its dependencies; are impelled to the war. 
implore this honorable house to interfere in such man- ^^ 
ner as to their wisdom shall seem to be most effectual, Feb. 27th, 
for preventing the continuance of this unfortunate war 
with America." This petition was ordered to lie on 
the table. 

Mr. Alderman Neivnham then informed the house 
that the city had been unanimous in this petition, as^ d c ^ 7 
they were most heartily tired of the American war ; the war. 
whereupon 

General Conway rose, at half past four o'clock, to Gen. Con- 
renew his attempt to bring the house to agree with n^/yg 
him, " that, in the present posture of affairs, it would be motion for 
inexpedient and improper any longer to prosecute the tinuance 
American war. He desired that the petitions from the of the war * 
cities of London and Bristol might be read." Which 
being done, he declared that " as he was firm in his opin- 
ion on Friday last of the necessity of putting an end to 
the American war, he had this day been, if possible, more 
confirmed ; for the first trading city in the world, had 
petitioned against the war, and they undoubtedly were 
the best judges of its effects. He had several induce- 
monts to renew his motion. He would do it from a princi- 
ple of duty to his country, to his constituents, and to him- 
self. So deep was the impression which the calamities 
and disgraces of this unnatural and cruel war had made 
upon him, that while he had a mind to think, a heart to 
feel, or a tongue to speak, he never would relax in his en- 
deavors to point out the necessity of putting an end to it. 

"Another inducement was, that the last question 
which he had the honor of submitting to the house had 
been lost, or, as some would call it, carried, by so very 
small a majority. He had since conversed with so 



798 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American many members who were absent when that question 
encyTn " was discussed, and who had assured him that, if they 
Great h a d been present when it was proposed, they would 
1777-82. have voted for it; that he could not bring himself to 
think that the sense of the house could fairly be said 
the war° n to nave been taken on the subject : Members had fre- 
House of quentlv made light of their attendance, but he begged 

Commons, * J . ,° , J . , n . °° 

Feb. 27th, them to consider and to reflect, that perhaps all the 

1782. mischiefs and calamities of that war were now to be 

attributed to the absence of a single member. But 

these were not his only inducements; he had still 

another, from which he expected no inconsiderable 

Generaf ° f advantage : Two members of great weight, and cleserv- 

Conway's edly of great weight in that house, (.Mr. Rig-by and 

dSlon- ° the Lord Advocate') had in the late debate on the 

tinue the American war, fairly confessed that they were tired of 

W3T. 

the war: They had declared themselves converts to 
the opinion of its impracticability; and they had de- 
livered themselves on that subject in a very manly man- 
ner ; all he regretted was, that they had not followed 
up their manly declaration with a manly vote for the 
address. They were now avowed converts. The light 
had shone upon them; they were thrown down from 
their high horse of starvation and unconditional sub- 
mission; but, unlike Paul after his conversion, they 
had not become the champions of that people and cause 
of which they had been such violent persecutors." 

After a very able and elaborate argument in favor of 
discontinuing the war, and a very severe review of min- 
isterial inconsistency and obstinacy, Mr. Conway con- 
cluded by moving the following resolution : 
General "Resolved, that it is the opinion of this House, that the 

Conway's f ar thcr prosecution of offensive war on the continent 

resolution. L _ M . , j > ±v- 

of North America, for the purpose of reducing the 

revolted colonies to obedience by force, will be the 
means of weakening the efforts of this country against 
her European enemies; tends, under the present cir- 
cumstances, dangerously to increase the mutual enmity, 



THE UNITED STATES OP AMERICA. 799 

UNDER THK CONFEDERATION. PART IV. 

so fatal to the interests of both Great Britain and American 
America; and, by preventing a happy reconciliation ency P in " 
with that country, to frustrate the earnest desire gra- Great 

ill- Britain, 

ciously expressed by his majesty to restore the blessings 1777-82. 
of public tranquillity." 

Lord Althorpe "seconded the motion, from a thor- Debate on 

trip wn.r 

ough conviction," he said, " that it was just, and conform- House of 

able to the wishes of the people at large, who, wherever p°™™^' 

he went, were exclaiming against the American war. 1782. 

He had listened with great attention during the debate 

on Friday, (the 22d) and was astonished to hear it said, 

1 you must make war to gain peace ; you must make Althorpe 

the Americans feel the calamities of war, to wish for s . econd3 , 

' the resolu* 

peace.' "Would any man say they had not felt thetion. 

calamities of war? Or would any man say that we, 

ourselves, have not felt the calamities of war? If they 

did, he must differ widely in opinion from them; for 

was the burning of towns and spreading desolation 

wherever we went, not making the Americans feel the 

calamities of war in the utmost degree? Certainly it 

was; and the vast burthen and increase of our taxes 

are felt at home : Besides, our army in America is not 

only an useless army, but is a means of our navy being 

neglected ; for the men who were raised and sent to be 

slaughtered there, would have been of infinite service 

if employed as marines, or by becoming sailors. 

Sir Horace Mann said, — "from principle I have Sir Horace 

supported the American war, under the idea first, that q^^ 11 

it was just ; and next, that it was practicable : Expe- Conway's 

rience, however, has convinced me that the object we to S discor£ 

had set out with was unattainable and impracticable ; tinue tb -° 

war. 

my eyes are now open, and I see that it would be mad- 
ness to pursue it any longer. It is therefore the best 
thing that can be done, in our present situation, to put 
an end to the war as speedily as possible, which, if not 
soon terminated will put an end to our political exist- 
ence. With these sentiments, therefore, I must pro- 



800 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American claim my conversion, and seal it by voting for the motion 

ency in now before the house. 

Great ^7ie Attorney General, (Mr. Wallace,} gave it as his 

Britain, . . . % . 

1777-82. opinion, "that in the present circumstances, nothing 

but a peace with America can restore this country to 

the war. its former state of splendor and respect: But, sir, I 

House of (Jq n0 £ think the motion on the table is calculated to 

Commons, 

Feb. 27th, produce that happy and desirable object: There are 
many obstacles to be removed before it would be possi- 
The Attor- ble for this house to expect to bring the Americans to 
erai is in" treat with them. The restrictions in the Prohibitory 
favor of a Act must first be removed, &c. He was in favor of a 

truce, with America. 

Mr. Pox Mr. Fox urged, with the most powerful arguments, 

theresolu- "the propriety of the motion made by the lion. General, 

tion. ( Conway} : He deprecated and denounced " the paltry 

stratagems to which ministers were reduced, in the last 

moment perhaps of their existence, to gain a short 

week, or a day of breath." 

Mr. Wal- Here "the Attorney General (Wallace,') moved an 

to C ad?ourn Sac ^J olirnmen t5 and after a short debate the house divided 

on the motion, when the vote stood noes 234, ayes 215. 

Lost. The majority against the ministry on the question of 

adjournment being 19. 
Theresolu- "The original question upon the resolution was then 
tion car- p U ^ an( j carr i e d without a division: The ministry 
being thus left in a minority, General Conway followed 
up his first motion with another, viz: 
Further " That an humble address be presented to his majesty, 
G?n!>°r«i° f that the further prosecution of offensive war on the 
Conway, continent of North America for the purpose of reducing 
the revolted colonies to obedience by force, will be the 
means of weakening the efforts of the country against 
her European enemies, tends, under the present cir- 
cumstances, dangerously to increase the mutual enmity 
so fatal to the interests of both Great Britain and 
America; and by preventing a happy reconciliation 
with that country, to frustrate the earnest desire gra- 



THE UNITED STATES OP AMERICA. 801 

UNDER THE CONFEDERATION. PART IV. 

ciously expressed by his majesty to restore the blessings American 

. ,.. ..,., „ mdepend- 

of public tranquillity. enC y in 

This motion was agreed to without a division. It£re a t 

Britain, 

was thereupon " Resolved that the said address be pre- 1777-82. 
sented to his majesty by the whole house : And the Motion 
members of his council present, are ordered to know a s reed t0 - 
his majesty's pleasure when he would be attended by upo n lutlon 
the house." 

The next day, almost as soon as the Speaker had 
taken the chair, the Attorney General (Mr. Wallace') Mr - Wal " 
" asked leave to bring in a bill ' to enable his majesty to leave to 
conclude a peace or. truce with the revolted colonies of ^j" 1 ^ 11 a 
America.' He said he would not then enter into any peace with 

.A. ni eric £t 

detail of the nature of the bill, but would reserve him- 
self to another opportunity, when he should have a 
fuller house to speak to." 

Mr. T. Toumshend " wished his lordship would even Mr. T. 
then, thin as the house was, enter into a detail, or give h °7<j n %[&. 
some explanation of the particular objects of his pro- e9 details, 
posed bill. 

Mr. Fox said, " that though no man wished more Mr. Fox 
ardently for peace than he did, still he did not see the ^e^n ti 
necessity of passing any bill on the subject in the very limine. 
first instance. Ministers might enter into a negotiation, 
and apply to parliament as soon as their assistance 
should be wanted. Whoever should have the conclu- 
sion of the business, whether the present ministers or 
others, they must act upon entirely new principles: 
For his part, he thought the idea of sovereignty over 
America ought to be totally renounced; but still he hoped 
no one would give up America, without obtaining a 
substantial connection with her. 

Mr. Rigby " was of opinion that no man spoke in Mr. Rigby 
general more substantially than the honorable gentle- ^.^ favor 
man (Mr. Fox,) but still he must confess that he could 
not reconcile his two ideas of renouncing the sover- 
eignty of America, and preserving 'a substantial con- 
nection ' with her. He was afraid the honorable gentle- 
51 



802 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American man wanted to retain under one name what he was so 
encyTn ready to renounce under another: For his own part, 
Great ] ie did not entertain an idea of preserving the sover- 

Bntam, . . ° 

1777-82. eignty over America. He gave that up for the same rea- 
son that he gave up the war, because he could not help 
the war. & . He thought the bill proposed ought not to be de- 
House of layed. He was not in the secret of ministers: but who 

Commons, 

Feb. 27th, could tell that some progress might not have been 

already made in a negotiation, and that the bill was 

necessary to the conclusion of it? 

Mr. Fox Mr. Fox said " he did not mean by substantial con- 

expiams. liec ti on> an j advantage whatever that we should have 

a right to enforce : He meant such a connection as we 

have with Portugal ; such as we had with Holland. 

The Attor- The Attorney General, {Mr. Wallace,*) said, that " after 

ai in reply, what he had pledged himself to last night, it would 

desires to i iave Deen unpardonable in him not to take the very 

promote 1 J 

peace. earliest opportunity to promote that peace which 
seemed to be the object of every gentleman's wish. In 
a former bill appointing commissioners to treat with 
America, there was a clause empowering them to sus- 
pend the Prohibitory Act, which, though it related to 
the trade of this country, did not pass through a pre- 
See post, vious committee. However, he was very willing to send 
p. 809. jjis proposition to a previous committee of the whole 
house." He accordingly made a motion to "that effect, 
which was carried without any further debate. 
Monday, "House of Commons, March fourth, 1782. The Speak- 
March 4th. QJ , m f orme( j ^he house, that, pursuant to appointment 
of his majesty, the house attended his majesty on Fri- 
day last with their address (of the 27th February,) to 
which his majesty was pleased to return this most gra- 
cious answer, viz. : 
The king's " Gentlemen of the House of Commons : 
the ad- w There are no objects nearer to my heart than the 

dress. ease, happiness, and prosperity, of my people : You 
may be assured, that, in pursuance of your advice, I 
shall take such measures as shall appear to me to be 



THE UNITED STATES OP AMERICA. 803 

UNDER THE CONFEDERATION. PART IV' 

most conducive to the restoration of harmony between American 
Great Britain and the revolted colonies, so essential to ^y P 2 
the prosperity of both : And that my efforts shall be Gr ? a * 
directed in the most effectual manner against our 1777-82. 
European enemies ; until such a peace can be obtained 
as shall consist with the interests and permanent wel- ^ouse of 

„„..,„ r Commons, 

tare 01 my kingdoms. March 4th, 

1782. 

Immediately after the reading of this answer, Gen- Proceed- 
eral Conicay rose and said " he was sorry that it had fall- U p^ 3 n . ere * 
en to his lot to trouble the house so often, but he 
hoped they would excuse him on account of the import- 
ance of the subject, on which he had so often taken 
the liberty to solicit their attention. Often foiled in 
the course of the present war, in his attempt to put an speech of 
end to hostilities with America, he had for once sue- General 
eeeded in a motion from which great expectation might 
be formed, though he had no great reason to natter 
himself or the house very much, from the answer that 
had been made to the address, which had followed his The king's 
motion, as it was not quite so explicit as he could have sufficient!" 
wished. However, he thought it right and proper to 
return thanks for it to the throne, expressive of the sat- 
isfaction of the house, at those pacific dispositions which 
were manifested in his majesty's answer. But he trust- 
ed he would be seconded by the house in his desire to 
secure themselves, and this country, against the possi- 
bility of a doubt that the American war was not now 
completely concluded. Something, perhaps, might yet 
be wanting to confirm the resolution of Wednesday ; General 
(the 27th Feb.) Something by which ministers would Conwa y; 

v ' ° J moves for 

be so expressly bound, that however desirous of eva- an address 
sion, they would not have it in their power to evade f l^ 8 
the injunction of that house ; but now he would move kin S- 

" That an humble address be presented to his majesty, 
to return his majesty the thanks of this House, for his 
most gracious answer to their address, presented to his 
majesty on Friday last; and for the assurances his maj- 



804 THE GOVERNMENTAL HISTORY OP 

PaKI IV. THE PERMANENT UNION 

American esty has most graciously been pleased to give them of 
encTin n is intention, 'in pursuance of the advice of this house ; 
Great to take such measures as shall appear most conducive 

Britain, * * 

1777-82. to the restoration of harmony between Great Britain 

and the revolted colonies ; and that his efforts shall be 

House of directed in the most effectual manner against our 

Commons, ° 

March 4th, -biiiropean enemies, until such a peace can be obtained 
1782, as shall consist with the permanent welfare and pros- 
perity of his kingdoms : ' This house being convinced 
that nothing can, in the present circumstances of this 
country, so essentially promote those great objects of 
his majesty's paternal care for his people, as the meas- 
ures which his most faithful Commons have most hum- 
bly, but earnestly, recommended to his majesty." 
Lord Al- Lord Althorpe rose to second the motion, and said 
onds P Gei>" " ne should consider himself wanting in duty to his sov- 
eralCon- ereign, if he did not, in the present instance, rise to sec- 
tion of ond the motion for the address of thanks : At the same 
thanks. ^ me j ie wag n0 {. w i 10 Hy anc i perfectly satisfied with the 

answer that had been given to their late address : And 
he wished that the honorable member would take some 
stop that might tend to enforce the spirit of that ad- 
dress. With respect to the motion now before the 
house, he hoped it would be carried unanimously, as a 
mark of that respect which the house entertained for 
his majesty." 
Motion of The Speaker read the motion, and having put the 
passed. question, it was carried nemine contradicente : Where- 
upon 
Genera^ General Conway instantly rose, and informed the 
proposi- House that " he had another proposition to make, which 
tion for ] ie thought absolutely necessary, and without which the 

peace with ° J J ' 

America, great point that had been carried on Wednesday last 
would be rendered nugatory and ineffectual. He was 
really ashamed to speak so often to the house on the 
subject of the American war ; but he trusted this would 
be the last time he should obtrude himself on their 
patience. His habits and disposition were so contrary 



THE UNITED STATES OF AMERICA. 805 

UNDER THE CONFEDERATION. PART IV. 



to the principles of this war, that he absolutely had a American 
most rooted aversion to it : And, therefore, though he ency P ia " 
was convinced that he had spoken too often on the sub- Great 

„ . . c Britain, 

ject, he could not resist the impulse he felt to rivet, it 1777-82. 
possible, those fetters which he hoped the address voted 
on Wednesday had put upon the American war. House of 
There were several strong reasons which urged him to 5K°Jtfa, 
persevere in making use of every means in his power 1782. 
to put an end to it : He had every reason to believe 
that there was a general desire in the Americans to 
make peace with Great Britain. There were persons Genend 
at no great distance* authorized to treat with us about p ° "Josf- 8 
peace : And though hitherto the Americans had not tion for 

r ° . . 1 . peace with 

bound themselves to any specific proposition relative to America, 
the West Indies, or an exclusive trade to France, which 
could stand in the way of a separate peace, he was 
given to understand that something was in agitation, or 
on the tapis, with the court of France, which if con- 
cluded, would be of irreparable disadvantage to this 
country : Our readiness to treat with America would, 
in all probability, prevent anything definitive from T e CT1S19 ' 
being concluded between the congress and France. 
These were his reasons for wishing for an immediate 
cessation of hostilities with America, and recommend- 
ing to government, that, without loss of time, they 
would open a treaty of peace with America. 

"The answer delivered to the address on Friday, The king's 
was by no means generally understood. It was con- 
veyed in a language not any ways satisfactory, as it did 
not say his majesty would put an end to the American 
war, but that he would take such measures as appeared 
to him, that is, to his ministers, to be most conducive to 
harmony : He had no doubt of his majesty's gracious 
intention ; yet as the same men had openly declared in 
this house, that ' to make peace with America you must „ 
make them feel the calamities of the war,' it was not can pieni- 
unnatural to think that they would still advise vigor- f^at 13 "" 
ous measures to be pursued ; especially as they chose Paris. 



806 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American not to understand what the true intent and meaning 
ency P in " °^ tne wor & s offensive war conveyed: He had himself 
Great been bred up in the military line, and nothing could 

Britain, »••.-.* o 

1777-82 appear more clear than the words offensive and defen- 
sive. The prayer of the address was to put an instant 
House of end to the American war as a basis for peace ; and as 

commons, ,, , ■, •, •,->•-, 

March 4th, there were persons near at hand properly authorized to 
1782. treat for the same, undoubtedly it meant to negotiate 
with them, as the most speedy measure that could be 
General adopted. Now was the time for the blow to be struck, 
proposi- 8 before & was too late ; and, as from the present answer 
tion for his majesty's ministers might screen themselves from 
America 1 , the public by saying they took such measures as ap- 
peared to them most conducive to putting an end to the 
war ; they might think that a war of posts, which had 
been so variously described, was the most proper meas- 
ure : That the keeping the posts we had already got, 
or the abandoning them and choosing new ones, was 
the best : Or they might think the recruiting the army 
lost under Lord Cornwallis was a proper measure : 
Yet, in his opinion, none of those heads were left to 
Must com- their choice, for they were bound to put an immediate 

satio^of S " S ^°P io ^ ie war '> an< ^ tnose wno advised his majesty to 
the war. the contrary, were highly criminal, and ought to be 
brought to justice. He would therefore move a reso- 
lution, which would make the sense of this house so 
clear and manifest, that his majesty's ministers could 
not possibly mistake it ; and by which the house and 
the country would have the satisfaction of knowing 
that this mad war would no longer be pursued." His 
motion was 
Gen. Con- " Tfiat, after the solemn declaration of the opinion of 
way moves ^ . ji ome j n their humble address presented to his 

a resolu- * ? * 

tionagainst majesty on Friday last, and his majesty s assurance 01 

P^ose U cu! ier his gracious intention, ' in pursuance of their advice, to 

tion of the take such measures as shall appear to his majesty to be 

most conducive to the restoration of harmony between 

Great Britain and the revolted colonies, so essential to 



THE UNITED STATES OP AMERICA. 807 

UNDER THE CONFEDERATION. PART IV. 

the prosperity of both,' this House will consider as ene- American 
mies to his majesty and this country, all those who shall ^ cp £" d " 
endeavor to frustrate his majesty's paternal care for Great 
the ease and happiness of his people, by advising, ori^Sk 
by any means attempting, the further prosecution of 
offensive war on the continent of North America, for House of 
the purpose of reducing the revolted colonies to obedi- MarchTth, 
ence by force." 1782 - 

Lord Althorpe seconded the motion, saying, " he coin- Lord Al- 
cided entirely with the right honorable general, thatg e ^^ 8 
this was wanting to finish and complete the business tkemotion. 
of the week before ; and this, no doubt, would give 
complete satisfaction to every man. He declared, that 
one great inducement to him to second this motion 
was, because he felt in his own mind a want of confi-Hasnocon- 
dence in the present administration, which their con- jj^^. ™ 
tinued series of ill-successes was alone sufficient to 
justify. He thought therefore the house could not be 
too cautious in having their sense and wishes as ex- 
plicitly declared as possible. The line of conduct this 
motion (superadded to that of Wednesday, Feb. 27th,) 
would most plainly chalk out, he flattered himself, 
would lead to peace with America ; and by putting an 
end to that fatal war, which had caused all our calam- 
ities, he trusted an end would also be put to the present 
administration. 

Lord North said, "he did not rise to give any opposi- Lord North 
tion to the motion, but he would observe, at the same motion un- 
time, that he could not by any means agree with those pessary. 
who thought it necessary : In his opinion it had for its 
object only to strengthen what was sufficiently strong 
already. He declared that although a majority of the 
house was, in parliamentary language, the house itself, 
it could never make him change a single opinion : Yet 
he bowed to that opinion which was sanctioned by the 
majority. Though he might not be a convert to such 
opinion, still he held it to be his indispensable duty to 
obey it, and never once to lose sight of it, in the ad- 



808 THE GOVERNMENTAL HISTORY OF 



PAUT IV. THE PERMANENT UNION 



American vice which, as a servant of the crown, he should have 
imkpend- occas i 011 to give his sovereign. It was the right of 

eney m . 

Great that house to command ; it was the duty of a minister 
1777-82. to obey its resolutions. Parliament had already ex- 
pressed its desire, or its orders, and as it was scarcely 
House of possible that a minister should be found hardy, daring, 
2? m w*i! infamous enough, to advise his sovereign to differ in 

JViitrCQ 4 til. 

1782. opinion from his parliament, so he could not think that 
the present motion, which must suppose the existence 
of such a minister, could be at all necessary. 
Mr. Fox on Mr. Fox rose, lie said, " to speak but a few words on 
Gen : c °g" the motion, for as the noble lord in the blue ribband 
lution for (Lord North') had said that he should not oppose it, 
America! there was no occasion for him to enter into any detail 
of argument in defence of the proposition. He was 
one of those who were completely and totally dissatis- 
fied with the answer of the crown to the address of 
this house. When he spoke in this manner, he would 
be understood to mean, that he was dissatisfied with 
the answer which his majesty's ministers had advised 
Thinks the his majesty to give. It was the answer of the minis- 
Se crown tcrs > aim among others, of that minister, who had, on 
a device of ^ns day, been heard to declare, that he disapproved 
of the resolution of this house on which the address 
was founded. They had put an answer in the mouth 
of his majesty, which he could not approve of, because 
it was not an answer sufficiently clear and specific. 
For what did it say ? That his majesty would be gra- 
ciously pleased to put an end to the offensive war car- 
ried on in America for the purpose of reducing the 
Americans to obedience by force ? No. But that his 
majesty would take such measures as shall appear to 
him, (that is, as should appear to his ministers,) condu- 
cive to the restoration of harmony. Could this be 
satisfactory ? Parliament had pointed out the specific 
weVof the means by which to accomplish the object, viz., by put- 
king and ting an immediate stop to offensive war. But his 
iiitry. majesty's ministers, instead of declaring in their an- 



THE UNITED STATES OF AMERICA. 809 

CXDER THE CONFEDERATION. PART IV. 

swer that they would guide themselves by this advice, American 
make his majesty declare, that they will take such steps x ^y\n & 
as appear to them conducive to the object. He was not Great 
iu the house when the motion for an address of thanks 177-7-82. 
was agreed to, as he understood, unanimously : If he 
had been, notwithstanding what he had just said, he House of 
should have voted for it, for he was careful to distin- March 4th, 
guish between the obligation that was due to his 1782 - 
majesty personally, for the grace of his answer ; (and 
he sincerely believed that his majesty was, in his royal 
mind, most graciously disposed to restore the blessiugs 
of peace to his unhappy people,) and those ministers 
who wished to make the crown follow a plan of con- 
duct directly opposite to the advice of his faithful 
Commons, were not friends to their country, and 
should be deemed criminal. 

"This answer of the ministry," Mr. Fox continued, Mr. Fox on 
"coupled with their language in this house, was per- tio e n r f s r ° u " 
fectly intelligible. For here they had declared, and P eace . w itU 
particularly the minister of the American department, 
the best way to conclude a peace with America was ' to 
make them feel the calamities of war.' This expres- 
sion the new Secretary of State (Mr. Ellis) had made 
use of but a few days ago. His majesty, he sincerely 
believed, wished to conclude a peace with America, as 
his faithful Commons had advised him ; but his minis- 
ters undoubtedly meant no such thing, for their lan- 
guage was different." 

After some further debate on other matters con-R e solu- 
nected with the war generally, the motion was put in tl0 ° P ut 

° J ' . l and car* 

its original form, and agreed to without a division. ried. 



On the fifth of March, the order of the day being to Mr. Wal- 
consider of the Attorney General's (Mr. Wallace's') J. ace ' s bm 

_ v ^ for peace 

proposition for bringing in a A bill to enable his maj- with Amer- 
esty to make peace, or a truce, with America," the 1 ^' ffgf 1 
House being in committee of the whole, the Attorney g Ge 801 
General rose to make his proposition. " Peace with 



810 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American America," he said, "was the great object of his in- 
ency P in * tended bill : And to such a bill he trusted no opposi- 
Great tion whatever could be made from any quarter of the 
1777-82. house. Peace was the general wish of this house, 

and of the nation at large ; and he hoped that if una- 
House of nimity ever marked the progress through parliament 
March 5th, 0I> anv bill, the bill which he should have the honor to 
1782. propose would be unanimously supported. This bill 

was calculated to remove certain bars and impediments 

which stood in the way of peace, viz. : 
Mr. Wal- " By an act, commonly called the Prohibitory Act, 
for peace &U commerce whatever was cut off between the Colo- 

\vithAmer- u } es anc j Great Britain, until the former should be 
ica. 

declared to be in the king's peace ; that is to say, com- 
pletely and fully restored to their allegiance to and 
Proposes dependence on this country ; a period which, he feared, 
theProhib-was at so remote a distance that to wait for it before 
itorjAct. faQ prohibitory law should be repealed, would be both 
absurd and ridiculous. The only way now left, in his 
opinion, to restore the connection between the two 
countries, would be to open our ports to them, without 
which no truce or peace could be advantageous to this 
country. But the prohibitory act was not the only one 
that ought to be repealed : In the year 1774 the con- 
gress had complained of certain other acts, to which 
Also all bis intended bill should have a reference : And in gen- 
acts reia- era j ^ a u ac ^ s re lative to commerce with America, 

tivcto coni" 

merce with from the twelfth Charles II. down to the date of the 
America. p resen t troubles : By the twelfth of Charles II. every- 
thing that was destined for the consumption or use of 
English America could by law be shipped only in Eng- 
land ; and the whole produce of the colonies could not 
be carried elsewhere than to England: This act of 
course would be repealed, as well as many others, 
which it would be tedious to enumerate. 

"These," the Attorney General further remarked, 
"were the outlines of the bill, and having said thus much • 
he would move, that the chair be directed to move in the 



THE UNITED STATES OF AMEEICA. 811 

UNDER THE CONFEDERATION. PART IV. 

house, for leave to bring in a bill to enable his majesty American 
to conclude a truce, or peace, with the revolted colonies ^cyTa d " 
in America.'* Great 

After a brief but unimportant debate, the committee 1777-82. 
agreed to the motion without a division, and adjourned. 



This proposition is no otherwise important, in this Mr. Wal- 
connection, than as it developes the designs of the min- p a c s e e d bm" 
istry in opposition to the independency of America, and for peace 
the miserable shuffling policy to which they were driven America, 
in their desperate determination to prevent its recog- 
nition. Whatever plan for a peace was contemplated 
by the attorney general it was evident that it did not 
include a renunciation of the sovereignty of Great 
Britain over America. Mr. Fox gave to it all the con- Mr. Fox's 
sideration and all the weight it merited, when, imme- ldea of . the 

' ' proposi- 

diately after the proposition was submitted, he rose and tion. 
" assured the committee that nothing but the personal 
respect he bore the learned gentleman, had prevented 
him from treating the proposition before them just as 
it deserved to be treated ; and that was, to burst out 
a-laughing when he heard it, and then walk out of the 
house; for nothing," said he, "could be so ridiculous 
and farcical as to hear such a proposition from that side 
of the house." 

But the crisis had now arrived when the sickened The crisis 
heart of the nation could no longer endure the calami- people, 
ties which had so long oppressed the kingdom, and so 
seriously threatened the utter overthrow of the empire 
of Great Britain. Deliverance, relief, peace, at what- 
ever hazard, at whatever sacrifice, was now the univer- 
sal cry which came up from an oppressed and overbur-p opu i ar 
dened constituency, and fell on the ears of parliament CT J for 
in tones which could not be mistaken or disregarded. 
In the language of Mr. C. Turner of the House of Com- 
mons, " the people had now joined parliament, and were 
determined to be no longer the slaves of administra- 
tion." The king himself was disturbed, and earnestly 



812 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American anxious to give security to his crown, by restoring tran- 
lndepend- q U jUity and prosperity to his kingdom. 
Great Henceforth the question became not so much one of 

1777-82. peace with America, as one of the further continuance 
in power of the present confidential advisers of the 
Commons crown > although the one necessarily involved the 
March 8th, other. The war itself was reduced to this single issue, 

178'' 

and the real seat of it was now in parliament. On the 
result, the prolongation of the bloody and cruel con- 
endish^s V " ^ ci or * ne establishment of peace, the further fate of 
resolutions both England and America seemed now to depend. 
on t i ie The battle was commenced on the eighth day of March, 
ministry. 17$2, by a motion of censure on his majesty's ministers, 
introduced by Lord John Cavendish, and based upon 
the following resolutions : 
Cost of the "Resolved, That it appears to this house, that since 
war - the year 1775, upwards of one hundred millions of 

money have been expended on the army and navy in a 
fruitless war." 
Its results "Resolved, That it appears to this house, that dur- 
Britain 16 m & ^ ie aDove period we have lost thirteen Colonies of 
America, which anciently belonged to the crown of Great 
Britain, (except the posts of New York, Charles-Town 
and Savannah), the newly acquired colony of Florida, 
many of our valuable West India, and other Islands ; 
and those few that remain are in the most imminent 
danger." 
Present "Resolved, That it appears to this house, that Great 

aspect of £> r itain is at present engaged in an expensive war with 
test. France, Spain, and Holland, without a single ally." 

The minis- "Resolved, That it appears to this house, the chief 
try at fault, cause of all these misfortunes is owing to want of fore- 
sight and ability in his majesty's ministers." 

The three first of these resolutions contained a sim- 
ple statement of facts, which in the course of a length- 
ened, heated, fierce, and even clamorous debate, were 

! J T ord , not denied on the part of the administration. Even 

iiow a i 

opinion. Lord Howe, who had served under administration in 



THE UNITED STATES OP AMERICA. 813 

UNDER THE CONFEDERATION. PART IV. 

America, declared, " that the first three propositions American 
were so evident and clear to any man, that he was cer-^J^ 1 " 
tain no person could vote against them. But," he Great 

I . . • , , . J Britain, 

continued, " as ministers might say, the want oi sue- 1777-82. 
cess was owing, in a great measure, to his majesty's 
officers, he could not, out of delicacy, vote for the Common8 
fourth proposition, though that to him was perfectly ^ a ™ h 8th > 
clear with the rest. He was determined, in his own 
mind, that want of foresight and ability in his majesty's 
ministers were the chief causes of all their misfor- 
tunes." 

All the force of administration was rallied and pres- Vote on 
ent in the house when these resolutions were submitted, ti e ns re f U ' 
while many of the opposition were absent, and a num- censure. 
ber of the members were in the same position with 
Lord Howe, in relation to the ministry. At two o'clock 
in the morning, amidst a great clamor for the question, 
the house divided on the motion, and the vote stood, 
ayes, 216 ; noes, 226 ; majority in favor of administra- 
tion, 10. The resolutions were lost. 

The discussion was renewed again on the fifteenth Sir John 
of March, on a motion made by Sir John Rous, for ti °Q & m0 " 
withdrawing the confidence of parliament from his maj- against tho 
esty's ministers, which he based on a resolution which 
he offered, as follows : 

"Resolved, That this house — taking into considera- Burdens 
tion the great sums voted, and debts incurred, for the of K Great eS 
service of the army, navy, and ordnance, in this unfor- Britain, 
tunate war, to the amount of upwards of one hundred 
millions ; and finding that the nation has, notwithstand- 
ing these extraordinary exertions, lost thirteen ancient 
Colonies belonging to the crown of Great Britain, the 
new-acquired province of West Florida, the Islands of 
Dominica, St. Vincent, Grenada, Tobago and Minorca, 
besides several valuable commercial fleets of the utmost 
importance to the wealth of this country ; and that we 
are still involved in war with three powerful nations in 
Europe, without one single ally — can have no further 



814 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 



American confidence in the ministers who have the direction of 

independ- bli(J a ff a i rs ." 

ency m-^ , , . 

Great His lordship prefaced his motion by declaring, that 

m\ a -82 " as h e was descended from a tory family, and had been 

bred up in tory principles, this circumstance alone 

c° U im °ns W0ll ld screen him, he hoped, from any imputation of 

March being devoted to a party adverse in general to admin- 

5t ' ' istration. From the first dawn of the American war, 

he had felt the injustice and impolicy of it ; and he 

came into the house its declared enemy on principle ; 

Sir John "but at the same time that he was an enemy to the war, 

tion he had come into parliament highly prepossessed in favor 

against the f t | ie jVo&Ze Lord in the blue ribband (Nortli) ; and he 

ministry. 

had felt such a respect for his character that he would 
have gone great lengths to support him. But when he 
found that the noble lord persevered blindly to pursue 
measures, which had already reduced the country from 
thTinjus- a state of glory and prosperity to calamity and disgrace, 
tice and ] ie s i 10 xild deem himself an enemy to his country, if he 

impolicy " . 

of the war. did not exert every faculty to remove him, because in 
his continuance in office he could see nothing but ruin 
to the country ; by his removal, that ruin, perhaps, 
might be prevented. The weight of public calamity 
was felt everywhere ; and he wished to know if there 
was a single independent member in the house, who 
could lay his hand upon his heart and say, that he did 
not believe the noble lord in the blue ribband (JSortli) 
to be the author of the calamity ; the author of the 
American war, and of the long train of evils that had 
already attended it?" 
Lord G.H. Lord George Henry Cavendish seconded the motion, 
Cavendish sa y m o- " he did it from no other motive whatever than 
the mo- that of doing his duty to his country ; without any am- 
tion - bition to urge him, or resentment to gratify. His only 
object was to contribute everything in his power to 
save a sinking state. He had no intercourse with min- 
isters ; he was very little acquainted with them ; and 
therefore the step he now took, could not be for the 



THE UNITED STATES OF AMERICA. 815 

UNDER THE CONFEDERATION. PART IV. 

purpose of distressing men who had never injured him. American 
The situation of the country was such that he feared ""i < l p L ud " 

» cncy in. 

its affairs could scarcely be retrieved by any set of men Great 

in the kingdom ; but if they could, it must be by tak-j^.gk 

ing them out of the hands of those ministers who, in House of 

his opinion, were the authors of all our present Commons, 

calamities." 15th, 1782. 

Mr. George Onsloiv, on the part of administration Mr. George 

said, "he agreed with the other side of the house that d " f e°J a 

the American war was the source, origin, and cause, adminis- 

of all their present misfortunes. But he contended 

that there were some facts relating to it antecedent to 

the administration of the noble lord in the blue ribband 

(Lord North,') for which he was not responsible. The 

first thing that occurred to him was the Stamp Act. Refers 

Pie thanked God he never gave a vote for that act ; for fg^^e 

he believed, in his conscience, and upon his honor, that Stamp Act. 

it was the source of all our public calamities. The 

Americans rose up against it as one man, and would 

have plunged into a war if it had not been repealed; 

but what followed the repeal ? The next, a Declara- 2d, To the 

tory Act, which gave as much offence to the Americans Declarat0 * 

. . . r y -A- *- 

as the stamp act, for it maintained and asserted that 

right of sovereignty which the stamp act was calculated 
to enforce. Of this Declaratory Act the congress in 
their manifesto had spoken in the most severe terms, 
and complained of as the greatest grievance. 

"The nation' at large upheld the idea of sovereignty Sovereign- 
over America. All that was great in England had sancti- America, 
fied the idea with their suffrage and authority : Nay, 
even the great Lord Chatham himself, had declared, in 
full parliament, that if America should manufacture a 
stocking, or so much as forge a hob-nail, he would make 
her feel the whole weight of the power of this country. 
The principle of the war therefore had been held by 
Mr. Grenville in his Stamp Act; by the Marquis of 
Rockingham in his repeal of it; and by the great Earl 



81G THE GOVERNMENTAL HISTORY OP 
f_ 

Part IV. the permanent union 

American of Chatham hiinself, in his speech upon the Declaratory 

indepcnd- i , ,, 
ency in .^-Cl. 

Great $/[r. John Toivnshend said, " that gentlemen bv assent- 

Britain J 

1777-82. ing to the present motion, would do an essential benefit, 

House of not only to their country, but to their king. The con- 
March 0118 ' sec l uence would be the removal of those ministers who 
15th, 1782. have reduced this country from the highest pinnacle of 
Sir John glory, to the meanest and most contemptible situation 
motion that can be well imagined: At a time when we* should 
against the ex p ec t ministers addressing this house to be filled with 

ministry. L ° 

penitence and contrition for the disgrace and misery 
they have, through ignorance and incapacity, brought 
upon this country; we find them still persevering in 
that obstinacy and those principles, which have been 
Towns a l rca dy so destructive to the nation, and which have 
hend advo- almost annihilated us as a people. Can any gentleman, 
motion, from his conscience, believe that the present administra- 
tion can be any longer confided in, who have so con- 
stantly and uniformly deceived this house? We need 
only look into his majesty's answer to the address of 
this house, dictated by his ministers, and we there see 
the same evasion and duplicity which have character- 
The king's i zec [ ^ ie conduct of administration in this house. There 

answer to . 

the ad- is nothing explicit or expressive of the sense of the 
dress " nation conveyed in the answer to our address to the 
throne We are left as much in the dark with respect 
to the real intentions of the crown, as if we never had 
received any answer. He hoped gentlemen would, to- 
night, show how sensibly they felt the many calamities 
and misfortunes which had befallen this devoted coun- 
try; and that they would rescue it, if possible, from the 
brink of ruin, to which it was now verging with hasty 
strides, by removing the cause from whence all our evils 
had sprung." 
Lord The debate was continued by Lord North, who rose 

others ^ w ^ n C011s iderable emotion, and evidently under great 
embarrassment, to repel the imputations so lavishly 
bestowed upon him. He was ably answered and se- 



THE UNITED STATES OF AMERICA. 817 

UNDER THE CONFEDERATION. PART IV. 

verely dealt with, by Mr. Fox.; who was followed by American 
Sir John Cavendish, and Mr. William Pitt, in favor of ^/in^' 
the motion; and the Lord Advocate of Scotland, and® 1 "?*' 
Mr. Secretary Ellis and others, against it: After which 1777-82. 
the house divided on the question — ayes 227, nays 236 ; House of 
majority against it 9. 8S3T - ' 

When the ministry were in the lobby, Mr. Fox said, 20th, 1782. 
" that upon consulting with the gentlemen near him, Debate on , 
it was thought right that a motion to the same effect a i f the 
should be proposed on Wednesday next." ministry. 

Wednesday, March 20th. The house was to-day 
more crowded with members than it had been since the 
beginning of the session, or during the existing reign ; 
and the crowds of spectators were in proportion greater 
than usual. At a quarter after four o'clock, when the 
house was ready to enter upon the great business of 
the day, and the speaker had called to gentlemen to 
take their places, Lord Surrey, the member who was to 
have made the motion, as suggested by Mr. Fox, stood 
up ; just at the same moment Lord North got up. Each Lord Sur- 
noble lord seemed determined not to give way to the L e y r ^ Ild 
other: This created a great deal of confusion, one side North 
of the house crying out loudly for Lord Surrey to speak t h e £ 00r> 
first; the other side as loudly crying out for Lord 
North : At last, 

Mr. Baker rose to speak to a point of order. " He Mr. Baker 
thought it indecent in the noble lord in the blue rib- p 'o mt f a 
band {Lord North) to rise at a time when he knew the order - 
noble Earl had a motion of the greatest importance to 
submit to the house." 

Lord North said, " that it was not through disrespect Lord 
for the noble lord that he had risen ; but merely to save explains. 
him the trouble of making, and the house that of dis- 
cussing, a question, which, at present, he might say, 
was wholly unnecessary." 

Mr. Baker again called the noble lord to order, say- Mr. Baker 
ing, "that he had no right to know of what nature or^forth to 
complexion the motion was, or would be, which his order ' 
52 



818 


THE GOVERNMENTAL HISTORY OP 


Fart IV. 


THE PERMANENT UNION 



American noble friend had not yet made; and that therefore it 
encTin was liig^ly unparliamentary in the noble lord to say 
Great that it was become totally unnecessary." 
1777-82. Lord North insisted, " that it was not disorderly in 
House of him to suppose he knew, or to say he knew, what was 
Commons, ^ substance of the motion which the noble lord was 

March 

20th, 1782. then going to make ; for it had been publicly announced 
Debate on to the house some days ago, by an honorable member, 
alof the (Mr. Fox,) that a motion would be made on this day, 
ministry. s i m ii ar to that which had been rejected on Friday last: 
And, therefore, having all the information which he 
could derive from such a notice, it was perfectly com- 
petent for him to rise, if he pleased, to move to adjourn, 
in order to prevent the discussion of a question which 
he no longer thought necessary. His reason for think- 
Lord m § it was n0 longer necessary, was, that as the object 
North an- f the motion was to remove his majesty's ministers, 
change in he could take upon him to say that his majesty's minis- 
the minis- f ers were no more • and therefore the object being al- 
ready attained, the means by which gentlemen had 
intended to obtain it, could no longer be necessary." 
Excite- The other side of the house now called out, ''Lord 

ment,and Surrey! Lord Surrey!'''' accompanying it with the words, 
Lord "no adjournment! no adjournment!" when Mr. Hop- 
Surrey. ^ ng ou tained a hearing, and said, " though he was ready 
to admit the noble lord in the blue ribband {Lord 
Mr. Hop- North') had not been out of order before, he had been 
kins. most thoroughly out of order in what he had now said. 
The noble lord had no right to presume what was the 
tendency of any motion intended to be made, before it 
was made: Every syllable, therefore, that he had said 
relative to the motion to be expected from the noble 
lord near him, was clearly out of order." 
The House A clamor now prevailed in consequence of an infinite 
clamorous num ber of members, on both sides of the house, rising 
' to speak at once, but Mr. Pitt obtained the preference, 
after Lord North had said, "I did not put a question of 
adjournment, I merely informed the house what I meant 



THE UNITED STATES OP AMERICA. 819 



UNDER THE CONFEDERATION. PART IV. 



to have done had I been heard when I first rose ; " to American 
which Sir Fletcher Norton, in the chair, assented. ency P fc d * 

Mr. William Pitt then said, "he was sorry to see that 6 ™** 
the noble lord in the blue ribband had attempted to 1777-82. 
excite the attention of the house, before a matter of House of 
such universal expectation as the motion, which it was j^™™ " 8 ' 
known for some days past would be made by the noble 20th, 1782. 
lord near him, was heard ; and more so that this had 
given rise to so much heat, eagerness, and disorder. 
He should have conceived the regular mode for the 
noble lord in the blue ribband to have proceeded, would ^ Ir " ^. n " 

1 * ' ham Pitt 

have been to have waited till the other noble lord had obtains the 
made his motion, and then, if he had thought it right r * 
or proper, to have moved his question of adjournment, 
and upon that to state in his speech his reasons for 
urging such adjournment. By so doing, the house 
would have seen their way clearly and distinctly, and 
would have been able to have formed a judgment fitted 
to the occasion, without showing any of that heat and 
eagerness, which was in no case proper, but least of all 
in a moment like the present." 

Mr. Fox finding that the house was in very great Mr. Fox 
confusion, thought that the best way to produce order ^ fi n d ° en 
was, by moving that Lord Surrey be heard to make his i» Lord 
motion : " He thought this the more necessary, as the sertion! aS * 
house could not place any confidence in the word of 
the minister; and therefore ought not to believe, upon 
that word, that the king's ministers were no more. 
The house ought to take care, and it had it in its power 
effectually to take care, that the ministers should be no 
more : A vote of that house would suffice, and while 
they had it in their power to pass such a vote, they Moves that 
ought not to omit it : He would therefore conclude rey be 
with moving, that the Earl of Surrey do now speak." beard ' 

This motion being read from the chair, Lord North Lord 
at once sprung to his feet, and said, " I have now a Seethe 
right to speak to the question : " And after a few fl .°. or > on 
prefatory remarks in reply to Mr. William Pitt, hetion. 



820 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American went on to say, " the house will remember that in the 

^ependr debates which had taken place repeatedly within these 

Great walls, in the course of the past three weeks, it had 

1171-S-2. been again and again declared that the country was in 

House of a state of distraction and confusion : That there was 

March° nb ' no administration, that everything was at a stand, 

20th, 1782. an( j that he was the obstacle to good government and 

th^remov- g° oc ^ order being restored. He had come down this 

alof the clay, therefore, to assure the house that he was no 

longer the obstacle he had been described to.be. He 

would not mention names, but he could with autbority 

assure the house that he was no longer the obstacle he 

had been described to be. He would not mention 

L 0r( i names, but he could with authority assure the house, 

North re- that his majesty had come to a full determination to 

avows the .... m . . . 

ministry at change his ministers. Ihis intelligence he had con- 
an end. ce i vec i would have been sufficient to have induced the 
house to be of opinion, that it would be altogether un- 
necessary to debate a question which had for its object 
a removal already effected ; and with that view it was 
that he had offered himself so early to the notice of the 
chair. He could pledge himself to that house that his 
majesty's ministry was at an end. The crown had re- 
solved to choose new ministers ; and he hoped to God, 
whoever those ministers were, they would take such 
measures as should tend effectually to extricate the 
country from its present difficulties ; and to render us 
happy and prosperous at home, successful and secure 
abroad. Having said thus much, his lordship declared 
that unless the motion of the noble lord ( Surrey) was 
not what he supposed it to be, that it did not go to any 
new point, nor aim at more than the bare removal of 
ministers, he saw no reason for putting it then." 

After thanking the house in a very handsome and 
feeling manner "for their partiality to him on all, 
and — he would use the phrase — for their forbearance 
on many occasions, and their general support of him 
during the previous years of his administration ; and 



THE UNITED STATES OP AMERICA. 821 

UNDER THE CONFEDERATION. PaRT IV< 

assuring the house that he would on no account avoid American 

. -Tiii -l independ- 

any inquiry that might be thought necessary with re- 6 ncy in 
gard to him, he concluded by moving the question of ^ a ' 
adjournment." 1T77-82. 

Mr. Fox said, " that it did not seem to be a matter House of 

7 Commons, 

of any great importance whether the motion of his March 20. 
noble friend, the Earl of Surrey, should be put, or they ' ' ' 
should trust to the solemn declaration made by the Mr. Fox on 
noble lord (North.) He could have wished, perhaps, ^ f re t m ° v ' 
that the motion were put and carried ; because it would ministry. 
then manifestly appear to the nation at large, that the 
ministers of the crown did not retire either from the ca- 
price of this or that minister, or from their wishing to 
go out, or from their being tired of their situations, or 
for any of the common reasons which ordinarily occa- Inclines to 
sion the resignation of ministers ; but because it was North's as- 
the sense of parliament that they should retire ; be- surance. 
cause this house had expressly called upon the crown 
for their dismission ; and because the good of the coun- 
try made it absolutely necessary ! These were the rea- 
sons which impelled him to wish the motion put and 
carried. On the other hand he considered, from the 
recent action of this house, the great end of carrying 
the motion of his noble friend was already, in his mind, 
and, he believed, in the consideration of all Europe, 
effectually answered : And he hoped whoever should 
be called upon by their sovereign to form the new 
administration, they might ever hold it in their minds Thinks the 
that his majesty's late ministers were dismissed because Amotion 
parliament disapproved of the system of their govern- gained. 
ment : And it was evident from parliament's having 
gone so far to effect a removal of ministers, that it 
would be expected that their successors should act upon 
different principles, and in a manner totally opposite." 

Mr. Fox concluded by advising his noble friend, Advises 
(the Earl of Surrey,) not to make his intended motion re y r to rl- 
that day, (Wednesday,) but to reserve it to bo made serv . e his 
on Monday, in case the noble lord's declaration on 



822 THE GOVERNMENTAL HISTORY OP 

PaUT IV. THE PERMANENT UNION 

American Monday should fall short of its expected completion. 

mdepeud- TT1 , -in ,. . T 

ency in He also agreed to withdraw his own motion, that Lord 

Britain Surrey be now heard. 

1777-&2. The Earl of Surrey said, " that he was not fully con- 

House of vi llcec i that his motion ought not to be put. On the 

Commons, ° x 

March 2o, contrary, the whole weighed in his mind as an addi- 

„ , " tional argument for its being made : He was not, how- 
Debate on ni. » 
the remov- ever, at all desirous of pressing it upon the house, 

ministry suou ld M> oe the general opinion that it would be better 
not to put it. What had fallen from his honorable 
T1 E , friend, who had just sat down, certainly weighed a 
of Surrey, good deal on his mind : He should therefore listen to 
what might fall from gentlemen of all parties, and 
reserve to himself a right to put his motion if he felt 
his own opinion supported by that of the house." 
Mr. Rigby Mr. Rigby " declared, for his part, he could not see 
motion un- the least occasion for such a motion as that which had 
necessary, been expected, after what had fallen from the noble 
lord in the blue ribband. He had no idea that the 
noble lord's declaration was not sincere, and that every 
word that had dropped from him was not to be depend- 
ed upon. Indeed should any minister venture to come 
down to this house, and make such a declaration as 
that which the house had heard from the noble lord in 
He con- the blue ribband, merely for the purpose of deluding 
Lord 1 " parliament, he knew not words of sufficient import to 
North's as- describe the infamy of that sort of conduct : He was 
persuaded the noble lord had no fallacious intention 
whatever ; and if it should hereafter turn out that the 
smallest deceit was at the bottom of what had passed 
this day, he pledged himself to the noble lord behind 
him (Surrey,') not only to support his motion next Mon- 
day, or whenever he should be pleased to make it, but 
further, to join with him in a motion of censure as 
strong as parliamentary precedent would allow. 
Advised " With regard to the noble lord who had declared 
North to tnat n0 was n0 longer a minister, he ever had enter- 
withdraw, tained, and he still entertained, the highest respect for 



THE UNITED STATES OF AMERICA. 823 

UNDER THE CONFEDERATION. PART IV. 

him. The noble lord, in his mind, was perfectly justi- American 
fied in retiring, after such a division as that of Friday lude P? U( i- 
last. He had advised him to retire : A majority of Great 
nine was nothing; and it appeared to him that there 17 75-82. 
was no standing against so respectable a minority as 
two hundred anjl twenty-seven men of great abilities House of 
and high character. That minority growing out of the MarehTo' 
feelings of the country, in consequence of the distress- 1782 - 
es of the war, must outweigh any minister, let him 
possess abilities even greater than those of the noble Mr. Rigby 
lord in the blue ribband. Indeed, such a minority, thl ^ sth f 

1 J ' sentiment 

on a motion for withdrawing confidence from min- against 
isters, was a hint too broad to be misconceived or™™^. 
trifled with. As to the new ministers, be they who erin g- 
they might, he hoped they would form an administra- 
tion on a bold, solid, sound basis, and would prove 
equal to the task of extricating the country from its Pledges 
present difficulties. They should have his support at s ^l^ t a° 
least, and he should rejoice most heartily to find their new minis- 
endeavors to save their country prosperous." 

Mr. Poivis said, after stating the question before the Mr. Powis 
house: "Having heard the declaration of the noble defferThe 
lord in the blue ribband, which he was inclined to motion for 
believe, he should advise his noble friend (Surrey*) to f the 
give up the idea of making the motion which he mimstr ^ 
intended, for the present. But if on Monday next it 
did not appear that every atom of the present adminis- 
tration, those that were ministers behind the curtain, 
as well as the ostensible ministers, the invisible as well 
as the visible agents that had governed the country so 
long, and precipitated it to the verge of ruin, were 
removed, then he should wish his honorable friend to 
bring forward his motion, and take the sense of the 
house upon it." 

After further debate on the subject, which was par- 
ticipated in by Mr. Fox, Mr. Burke, Lord North, and Lord Smo- 
others, Lord Surrey rose and said, " that his private rey re ". . 
opinion was that his motion ought still to be put, for motion. 



824 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American all that had been said by the noble lord was no argu- 
entyTn" 1 ment against it ; but the house being of another opin- 
Great ion, he was ready to submit : But he must now say, 
1778-82. tna t as a right honorable gentleman (AZ/\ Rig-by) had 

pledged himself to support him on Monday, in case 
House of any deception should be practiced, he gave notice, 
March 20,' that should that appear to be the case, and any part 
1782. f the present administration remain, he would, on 
Debate on Monday, come forward with a motion, not the same 
* tl f re t m ° v " as he intended to have moved, which was in substance 
ministry, to complain of administration, and to resolve on an 

address for a change, but a very, very different motion 

indeed!" 

This declaration was supported by cries of "Hear 

him ! hear him ! " from every side of the house. 
Sir R. Sir Robert Smith said, " that he had intended to 

tendeV to second the motion which was to have come before the 
second the house this day ; and feeling a similar resentment if he 

should be deceived, he would certainly second any 

motion which spoke the anger of this house." 
Mr. c. Mr. Charles Turner rose to deliver his sentiments, 

Turner. ^^ ^ ie c i amor was so g re at, and his voice being weak, 

he could not be heard. 
Mr. Fox ]\/[ r% ]? ox n ow withdrew his motion, " that the Earl 
his motion, of Surrey do now be heard;" and Lord North with- 
Lord drew his first question of adjournment, and moved the 
withdraws house to adjourn to Monday morning next, which was 
his ques- immediately complied with, and the house rose at six 

o'clock. Adjourned to Monday, March 25th. 
Monday, Monday, March 25th, 1782. The house was very 
March 25. gj^fljy crowded, as a rumor prevailed that at twelve 

o'clock the negotiation for a new ministry was not 

concluded: As soon as the private business was over, 
Mr. Dun- Mr. Dunning rose and said, "it was with peculiar 
ningan- satisfaction he found himself enabled, through some 

nounces a . 

change of comnmnication he had had this day with a most re- 
ramistry. S p ectaD i e mem ber of the upper house, to inform gen- 
tlemen that arrangements were now making for form- 



THE UNITED STATES OP AMERICA. 825 

UNDER THE CONFEDERATION. PART IV. 

ino- a new administration, which he trusted would American 
meet the wishes of the house, and of the nation at^ p ?° d ' 
large. In order, therefore, to give time for the final Great 
adjustment of those arrangements, he would move an 1777-82. 
adjournment of the house till Wednesday. 

Lord Surrey expressed "his satisfaction at hearing House of 
that such arrangements were likely to take place as Commons, 
would render it unnecessary for him to trouble the 1782. 
house with his intended motion. He cautioned gen- Lord Sur- 
tlemen, however, to beware of thinking that their ™/ e ^£ 
work was complete: A new administration, he said, satisfac- 

,.,,. .. i-ii i tion at the 

was not their sole object ; it was desirable only inas- announce- 
much as it would contribute to save the state : But the ment - 
ship was not yet in port, and he was afraid that the 
united efforts of the greatest abilities of their states- 
men, and the greatest exertions of their officers, would 
be barely able to save her. 

On the question being put, the house adjourned to The house 
Wednesday, March twenty-seventh, inst. a J ourns - 



In the House of Lords, the Earl of Shelburne House of 

T 1 

stated, "that he had on this day intended to have March 22 
made a motion for the removal of his majesty's min- 1V82. 
isters : He trusted that their lordships would agree 
with him that there were the most just and solid The Earl 
grounds for such a motion, and consequently that he i nu . k ne on 
had not for slight or frivolous reasons, caused their the re - . 

. ' moval of 

lordships to be summoned this day. The deplorable the min- 
state into which the army had sunk; the wretched lstry " 
condition of the navy, once the pride and bulwark of 
the nation, and the terror of our enemies ; the dis- 
tracted state of our finances, which are nearly ex- 
hausted ; the glory and reputation of the country 
sullied and almost destroyed ; were subjects that af- 
forded an ample field for melancholy reflection, and condition 
fully justified the trouble he had given their lordships of the 
to attend this day. But, above all, the state in which 
the country had been for the last three weeks, strongly 



826 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



American 
independ- 
ency in 
Great 
Britain, 
1777-82. 



House of 
Lords, 
March 22, 
1782 



The Earl 
of Shel- 
burne on 
the re- 
moval of 
the min- 
istry 



Lord 
North's 
declara- 
tion ques- 
tioned. 



argued the propriety of the motion, which, when he 
moved their lordships might be summoned, he had it 
in contemplation to make. 

"His majesty's first minister hath declared, that he 
held himself bound to obey the order which the House 
of Commons had, in its wisdom, made relative to the 
war in America ; and yet the same minister had repeat- 
edly professed that he did not understand that order. 
Sorry am I that the alarming situation of public affairs 
has made it necessary, either that the country should 
be completely ruined, or that the legislative should 
interfere with the executive power, and direct it how 
to act : But still more sorry am I, that, after such a 
disagreeable step had been made necessary, and taken, 
the administration of affairs should remain in the 
hands of those who pretended not to understand the 
meaning of the House of Commons : It was, therefore, 
to remove such men from his majesty's councils, that I 
had resolved to make the motion which it was my in- 
tention to have submitted this day to the consideration 
of your lordships. But as I understand that the object 
of the motion is already answered, it rests with this 
house to determine whether it would be more proper 
to make it, or to suppress it. For my own part, I am 
free to say, that I no longer think it necessary. A 
noble lord in the other house has said, (and at the 
same time he informed that house that he spoke from 
the highest authority,) that his majesty's ministers 
were no more in office ; or, if in office, that they 
remained only to transact official business. I do not 
doubt the truth of the assertion ; but when I reflect 
that the noble lord (North*) to whom I allude has so 
completely rooted out of the minds of the people 
every degree of confidence in his word, it is not sur- 
prising that there should exist, as there certainly does 
exist, men who cannot bring themselves to believe that 
administration is at an end, or that what that noble 
lord has said might be relied on: I confess, at the 



THE UNITED STATES OP AMERICA. 827 

UNDER THE CONFEDERATION. PART IV. 

same time, that I admit the propriety of their diffidence American 
in that minister's word. I myself do not entertain a "J > de P? ud - 

•> ency 111 

doubt but the declaration he has made to the other Great 
house is founded in truth : Because I think that to 17^-82. 
attempt to deceive parliament by such a declaration, 
is so scandalous, so hazardous, and so dangerous a^ds 
measure, that I believe not one of his majesty's minis- March 22, 
ters can be found so hardy as to resort to it. If I 
should be mistaken in this opinion, which I trust I am 
not, I would go as far as the power of parliament 
would permit me, to punish their audacity. 

" Taking- it then for granted, that the object of the The Earl 
motion is already attained, I think it would be inex- ? f shel " 

' t 7 burne on 

pedient to press it upon your lordships ; and that it the remov- 
would be proper to wait until the wisdom of his maj- J^f ™ 
esty shall form such an administration as may carry 
with them the confidence of the people, save the em- 
pire from destruction, and rescue the character of the 
nation from contempt. When such an administration p ledo . 
shall be formed, I pledge myself to give them my most himself to 
firm and cordial support as long as they shall act in of^^hT- 
conformity with those principles which I have iini- m j nded 
formly maintained in this house : I have in my politi- 
cal character acted always upon principle, and upon 
principle I shall continue to act to the last moment of 
my life. I will not say more ; this is not a time for 
professions : The times are critical and dangerous : 
Men must soon be known by their acts, and not by 
their professions." 

The motion was suppressed for the present by his Waive3 hia 
lordship, and the House of Lords adjourned to the motion, 
twenty-fifth inst.* In the interim a new Cabinet was 
announced.! 

f The new Cabinet was as follows, viz. : 

Marquis of Rockingham — First Lord of the Treasury. 

Earl of Shelburne, l T .. fl . , . . flll * J \V% 

jj r p ' > Joint Secretaries of State. brett s Par- 

' ' ' liamentary 

Lord John Cavendish — Chancellor of the Exchequer. Register 

Admiral Keppel, created a Viscount — First Lord of the Admiralty. 1?82. 



828 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

American Thus terminated the war of the nation against the 
mdepend- government, of the parliament against Lord North's 
Great administration ; and with it terminated the more dis- 
1777-82. astrous conflict of arms which had so well nigh over- 
thrown the empire of Great Britain. Peace had long 
admiuis^ keen tne desire, and was now the earnest hope and 
tration, craving of the people. But it had become evident to 
1782. ' all thoughtful and reflecting men of all parties, that 
there could be no peace short of a relinquishment of all 
The basis claim of sovereignty over America. This was the basis 
etruction. U " on which the new administration was inaugurated and 
came into power. And although there seemed to be 
differences of opinion in the new cabinet, as to the ap- 
petency of recognizing the independence of the United 
States of America, whether before or after opening 
negotiations for peace ; still it was seen and felt by all, 
that the question itself could not be avoided, or set 
aside, or long postponed with safety. It was a matter 
of self-preservation of much greater moment to the 
kingdom and people of Great Britain than it was to the 
people of America. 
Embar- But under the new order of things the Marquis of 

inUiTnew Rockingham suddenly deceased. Mr. Fox, one of the 
cabinet. new Secretaries of State, and Lord John Cavendish, the 
new Chancellor of the Exchequer, as suddenly with- 
drew from the appointment. The whole nation was now 
distressed with anxiety on account of the reputed divis- 
ions in the new cabinet of which these resignations 
seemed to be the bitter fruit. Vast numbers of spec- 
House of tators therefore crowded into the House of Commons 
July^ST' on the ninth day of July, when, it was rumored, the 
reasons for these withdrawals would be given. 



Duke of Grafton — Lord Privy Seal. 
Lord Camden — President of the Council. 
Duke of Richmond — Master-General of the Ordnance. 
Lord Thurloe — to continue Chancellor. 
General Conway — Commander-in-Chief of the Forces. 
Mr. Dunning — Chancellor of the Duchy of Lancaster, and created 
Baron Ashburton. 



THE UNITED STATES OF AMERICA. 829 

UNDER THE CONFEDERATION. PART IV. 

Mr. Fox, in the course of a debate upon another mat- American 
ter then before the house, alluded to his having been 1^.?^ d * 
recently one among his majesty's new confidential ad- Great 
visers ; and avowed, " that the first grand principle with i?7?-82. 
which the new administration set out was, that they „ ^ 

1 J Mr. Fox 

should offer to America unlimited, unconditional, inde- explains 
pendence, as the basis of a negotiation for peace, and drawal. * 
finding a difference of opinion existing on this subject 
in the new cabinet, he felt bound in all consistency to 
withdraw, and did withdraw." 

The Earl of Shelburne, joint Secretary of State with The Earl 
Mr. Fox, was promoted to the vacancy created by the ° f She j" 
death of the Marquis of Rockingham ;* and although promotion. 
he had always been opposed to American independency, 
yet on being elevated to that responsible position, at a is in fa- 
crisis like the present, he recognized the necessity of ^^^ 
somewhat modifying his own opinions in respect to the independ- 
mode of accomplishing the desired peace. It was before ency * 
the Earl's elevation to the position of the first lord of the 
treasury was announced, that Mr. Fox withdrew from 
the cabinet. It was after it that he (Mr. Fox) made Gen. Con- 
the above avowal in the house; in reply to which, Gen-^ es ^ the 
eral Conway declared " that it was the opinion of the P olic y of 
cabinet to give full, unconditional, and unlimited inde- cabinet. 
pendence to America." 

Mr. Fox, in reply, said, "that he could not under- Mr. Fox, 
take to say what was now the opinion of the cabinet. in rep y ' 
He never heard it from the Earl of Shelburne in the 
cabinet, but he could assure the house that it was not 
the opinion of the cabinet when he made the deter- 
mination to resign. But if it was now the opinion of 
the cabinet, he congratulated his country on the conse- 

* In the new arrangement of the cabinet, the Earl of Shelburne to be 
first Lord of the Treasury, vice the Marquis of Rockingham, deceased. 

Lord Grantham, } Principal Secretaries of State, 

T. Townshend, ) vice the Earl of Shelburne and Mr. Fox. 

Honorable fm, Pitt, Chancellor of the Exchequer, vice Lord Caven- 
dish. 



830 THE GOVERNMENTAL HISTORY OF 



Part IV. the permanent union 



American quences of his resignation ; for he (Mr. Fox) had been 
ency PCUd " able to do more towards the deliverance of his country 
by resigning his post, than he was able to effect with 
c° USe °ns a ^ tne f° rce °f ar gument when he remained in." 
July 9th, General Conway reiterated the assurance, that inde- 
r " pendence to the thirteen states of North America was 
way reit- to be the basis of all their negotiations with them ; that 
dedara- 18 th ev were to oe trea ^ e d as independent in the very mode 
tion. of carrying on these negotiations. 

Mr. Fox, Mr. Fox replied again, that it was now a week since 
in rep y. ^q i ia ^ the honor to be one of their number. A gen- 
eral conversion might have been lately wrought on 
them. They were not, he repeated, agreed on any such 
system when he knew them. 

Mr. Fox continued to defend himself for so hastily 
leaving the cabinet, and attributed to the Earl of Shel- 
Seep. 784. burne, a change of sentiment, in view of his recent ele- 
vation, which amounted to an inconsistency, or want 
of principle, which he himself was incapable of. He 
was evidently chagrined with the thought, that if he had 
remained in the cabinet he might have been the subject 
of that promotion which had fallen to the lot of the 
noble Earl. 
Say'de-° n " General Conway replied briefly, saying, " he must 
fends the beg the honorable gentleman's ([Mr. Fox's) pardon for 
uet# " observing, that in mentioning Lord Shelburne's merit, 
in respect of his advice and its effect upon his majesty, 
he was certainly not a little mistaken ; for he would 
please to observe that the independence of North 
America had never been made a question in this house. 
It was on this account the more necessary to discuss 
the question with his majesty ; which having been done 
The king repeatedly by the first lord of the treasury, (Shclbume,') 
of'th" 00 h° ua( * Decn a M e to convince his royal master, that a 
necessity declaration of American independence was, from the 

of rcco^* 

nizirig " situation of this country, and the necessity of the case, 
hideiend- ^ ie w ^ scst an( * mos * expedient measure that govern- 
ence. uient, from the pressure of present circumstances, could 



THE UNITED STATES OF AMERICA. 831 

UNDKR THK CONFEDERATION. PaKT IV. 

possibly adopt. He must think it greatly to his lord- American 
ship's honor, who had, in this instance, done more than enc y^ 
all his predecessors could do before him : Therefore it Gieat 

. /. . . . Rritian, 

was a satisfactory reason in his own mind that nothing 1777-82. 
less than such a measure in its utmost latitude was cer- 
tainly meant by the cabinet."* Lords 
The policy of the new administration was further sct J,ll y 10th > 

. 1782. 

forth in the House of Lords, on the tenth day of July, 
1782. Upon a motion to adjourn, made after the trans- 
action of private business, 

The Duke of Richmond, immediately arose, and said, Toiicy of 
that as he considered this was the last day of their adminie- 
meeting previous to the prorogation, he could not cofi- t * a ' io °{ 
sent to the question for adjourning, until he should the duko 
have said a few words to their lordships on the late j^^ 1 ' 
revolution which had taken place in his majesty's coun- 
cils. He commenced by eulogizing the late Marquis Explains 
of Rockingham, attributing to his decease the dissolu- [ '° s {™ihe 
tion of the unanimity in the new cabinet. He then cabinet, 
alluded to the resignations of Mr. Fox and Lord John 
Cavendish, and continued to say, " it was now proper 
for him to give his reasons for not having followed 
the example of these two very respectable persons. 
There had been laid down certain principles which 
he conceived to have been the basis of the administra- 
tion that was formed on the ruins of that which had 
been overturned, in a great measure, by the great pow- 
ers of one of the two characters (Mr. Fox) he had 
alluded to. He had not hitherto observed, and he had 
been watchful on that head, the least deviation from 
any one of these fundamental principles. As long 
therefore as he should find that by these principles the 
noble lord near him, (the Earl of Shelburne^) now at 
the head of the treasury, should conduct the measures 
of his administration ; so long he should conceive it to 
be his duty to give him every support in his power : brett'aPar- 

But the moment he should discover in him an intcn- ,iam . 0lltfU 7 

Register 
tion to abandon those principles, from that moment he 1782. 



832 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 



American would stand foremost in the most determined opposi- 
ency P in d * tion to llis government. These principles were, 
Great " 1. The independence of America. 

im-82. " 2 - That a P lan of reform should be adopted in all 

the departments under the crown. 
House of u 3> That the influence of the crown in par i iament 

July loth, was to be diminished. 

1782 

Policy of " Tllc first of tliese S rcat principles, was the inde* 

the new pendence of America. The new administration had 

tration " come in on this express ground, that peace with America 

stated by was to be obtained at any rate. That is to say, in plain 

the duke . * J ' r 

of Rich- English, that the independence of America should not 

mond. stand in the way of so desirable an object as peace with 

that country. It was not intended that this country 

The great should submit to any humiliating terms ; but peace urns 

principle, J _, ° , . . . , 

one of to be obtained at any rate. From this principle he had 

Ameri>a thno ^ y *' P cr ccived the least deviation, and consequently 
American he saw no reason why he should withdraw himself from 
UKfepend- coLincils, which, he conceived, were governed by the 

ency not to ' ' ' ° # * 

hinder it. letter and spirit of the original stipulation of the cabi- 
net with the king. And here he felt it incumbent on 
him to declare, that his majesty had performed with a 
religious scrupulosity all that he had promised ; and 
had not once manifested the least symptom of a desire 
to deviate from his stipulations. He was thoroughly 
satisfied that no change was intended by his majesty to 
be made in the cabinet foamed at the downfall of the 
late ministry ; and he verily believed that no change 
would have been made, if the fatal event to which he 
had already alluded had not made it necessary. Peace 
with America was certainly the most pressing object at 
present, and he firmly believed it to be the object near- 
est the hearts of all his majesty's ministers. Various 
might be the means of obtaining this great point ; but 
though there might be a difference of opinion as to the 
means, he was satisfied that they were all united as to 
the end. The session was now drawn to its conclusion, 
and nothing of course could be now done by parlia- 



THE UNITED STATES OP AMERICA. 833 

UNDER THE CONFEDERATION. PART IV. 

merit relative to America ; but this much he must de- American 
clare, that it was his firm opinion, that this country could enC y P fn " 
not be safe if before the end of the next session an act CjTC!it 

77 • Britain, 

should not pass to declare America independent. 1777-82. 

The Earl of Shelburne rose next, and after thanking 
the noble duke for his good opinion of him, and re- Lords, 
marking on his position in the new cabinet, proceeded f^ 10tIl » 
to say " it had been insinuated, that he had changed 
his opinion relative to the independence of America. Policy of 
But this was not the fact: His opinion on that sub- adminis- 
iect was still the same that it had ever been : He had tiation » 

stated by 

declared it often, and he would repeat it now in the the Earl of 
most public and explicit manner. It had ever been his Shelburne - 
opinion that the independence of America would be a 
dreadful blow to the greatness of this country; and that 
when it should be established, the sun of England 
might be said to have set: He had always therefore compelled 
laboured to prevent so fatal a misfortune from befalling r, y necessi- 
his country : He had used every effort in public and cede inde- 
in private, in England and out of it, to guard it from P eildcnce - 
so dreadful a disaster : But now the fatal necessity of ^84. Pa ° e 
seeing it fall upon us appeared in full view ; and to 
necessity he might be obliged to give way, but to 
nothing short of necessity would he give way on that 
head : And when he should have done it, he would 
confess that the greatest misfortune had arrived that had 
ever befallen Great Britain. But while he felt the 
necessity of giving way to unavoidable misfortunes, he 
was free to say, that it was his firm opinion the melan- 
choly event had been hastened by the rash and prccip- This ne- 
itate advice that had been so frequently given bv some cessity ha9 " 

i i i -, tened by 

people, some years ago ; to acknowledge an mdepend- former 
ence which then might have been destroyed in the bud. li- 
lt had been insinuated elsewhere, that had his princi- 
ples been known relative to American independence, 
the people of America would be backward to treat with 
him for peace ; but he had learned sufficient by the 
information he received during the last two months 
53 



C011CCS- 



834 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

American that he was Secretary of State, and since, that there 
ency P in " was 110 man w ith whoin the Americans would more 
Great willingly treat than himself. As to the steps that had 
1777-82. been already taken towards a peace with America, his 

lordship entreated their lordships would give him credit 
House of when he assured them, that the principle laid down 
Juiyioth reiative to P eace with America at any rate, and which 
1782. ' had been so correctly stated by the noble duke, had 

not in the smallest degree been departed from. The 
Policy of despatches on that subject must remain secret for the 
admS present, but the day would come when the publication 
'tatedb °^ tnem cou ^ n °t be attended with any injury to the 
the Earl of public. To that day he looked with an earnest anx- 
Sheibume. iety . He trusted a was not far distant : He hoped he 

Resolved would be able to lay them upon the table of both 
to " ay e nouses f parliament early in the ensuing session when, 

peace with * J <,. 

America at he was convinced, their lordships and the public would 
any ra e. ^ ga |-} s fl e( j ^[ m ^ ^ ie insinuations thrown out, relative 

to a change of system in America, were totally without 
foundation. 

" The language of despondency which had been so 
often held, had never, in his opinion, been productive 
of any good. He would have the world know, that 
though this country should have received a fatal blow 
by the independence of America, still there was a deter- 
mination to improve every opportunity, and to make 
the most vigorous exertions to prevent the court of 
France from being in a situation to dictate the terms 
of peace : The sun of England would set with the loss 
of America, but it was his resolution to improve the 
twilight, and to prepare for the rising of England's sun 
again, and he hoped she would see many, many more 
happy days. 
The Duke The Duke of Richmond rose again, and said, " as to 
moncfon the independence of America ; he thought it, as well 
independ- as the noble lord near him, a very great misfortune to 
the war d the kingdom ; but he thought it would be a still greater 
misfortune to attempt to keep America dependent 



THE UNITED STATES OF AMERICA. 835 

UNDER THE CONFEDERATION. PART IV. 

against her own will : And lie thought the most absurd American 
and extravagant way that could possibly enter the head ^y P in d 
of a madman, was, to endeavor to bring America to a Great 

, . ,. , Britain, 

dependence upon this country by putting the people 1777-82. 
of it out of the protection of the laws ; for where House of 
there was no protection there could be no allegiance. j u i y 10th. 

The Earl of Shelburne again rose, and said — " as to 1(782 - 
the American war, he had ever been as great an enemy 
to it as the noble Duke : He had always contended, 
that it was unjust in its principle, because it militated 
against that great maxim of our constitution which 
declares, that English subjects in whatsoever quarter The Earl 
of the globe, had a right to the benefit of the British l[^ n 
constitution, the most boasted and peculiar franchise the war. 
of which was, to be governed by those laws only which 
they themselves had enacted either in person, or by their 
representatives. That war was now at an end : No 
minister could, if he were mad enough to desire it, 
prosecute it any longer: The resolutions of parlia- 
ment, and the general sense of the nation, were against 
it : And here he thought it proper to declare, in order 
to quiet the alarms that had been industriously raised 
in the minds of men, that nothing was further from his Declares 
intention than to renew the war in America. ThefJ^J 
sword was sheathed, never to be drawn there again." at ed. 
The House now adjourned. 

On the next day, July eleventh, his majesty pro-Proroga- 
rogued both houses of parliament, and in his speech tloI j. of 
said, — " The extensive powers with which I find myself ment, July 
invested to treat for reconciliation and amity with the ^\ n J s e 
colonies which have taken arms in North America, I speech, 
shall continue to employ in the manner most condu- 
cive to the attainment of those objects, and with an 
earnestness suitable to their importance." 



Thus the exigent necessities of the kingdom of Great The issne 
Britain compelled the resolution for peace with Amer-°° se ' 
ica at any rate : The crown craved it ; the cabinet 



836 THE GOVERNMENTAL HISTORY OP 



Part IV. the permanent union 

American courted it ; the lords spiritual and temporal implored 
encyTa " it; 5 while the commons clamored, and the people raved, 
Great f or peace with America at ami rate. 

Britain, _. , ^ 

1777-82. I he banker, by his profitless coffers and diminished 
dividends; the broker, by his scanty exchanges and 
depreciated bills; the merchant, by his accumulated 
and wasting importations; the shipper, by his un- 
freighted vessels and vacant wharves; the manufac- 
turer, by his unsold wares and silent spindles and 
'looms; the mechanic and the artisan, by the destitu- 
tion of their homes : The operative and the laborer, 
thrown out of employment and into beggary or starva- 
tion in the streets : The peasant and the farmer im- 
The urgent poverished and famishing in the fields: The judges 
necessity ou ^ ie bench, the advocates at the bar, and the attor- 

oi peace. ' ' 

neys at their desks: The inquisitions and present- 
ments of jurors : Mayors and commonalties of cities : 
Priests and ministers of religion ; patrons of science 
and the arts ; professors and students of the universi- 
ties ; teachers and pupils of colleges, academies and 
schools : In fine, all classes, grades, and conditions of 
men, from one end of the empire to the other, sent up 
one united, earnest, wailing prayer, for peace with 
America at any rate. 

The like was never before known in the political 
annals of any nation. The plague which years before 
had stricken so much terror into the heart of England 
produced no more agonizing anxiety in the minds of 
men ; and no pestilence ever generated a wilder scene 
of desperation, than now marked the retribution which 
her unjust and cruel war with America had brought 
upon Great Britain. Indeed, the world has never yet 
been told how direful and appalling was the necessity 
which compelled its cessation, and forced the recogni- 
tion of American independence. In the archives of 
the nation it stands confessed in the brief but com- 
prehensive resolution for peace with America at any 
rale. 



THE UNITED STATES OF AMERICA. 837 



UNDER TUE CONFEDERATION. PART IV. 

Peace with America, for that alone was peace with American 
France. Peace with America, for that alone was peace j^fia* 
with Spain. Peace with America, for that alone was Great 
peace with Holland. Peace with America, for that 1777-82. 
alone was peace with Europe. Peace with America at 
any rate, for by that alone could .England be at peace 
within herself. Hence the new administration waited 
not for opportunity, but hastened to open a corres- 
pondence with the ministers plenipotentiary of Amer- 
ica in their vicinity. They stayed not upon forms or 
ceremonies, but solicited a negotiation for peace. 
They stood not upon punctilios or terms, but offered 
independence as a basis for the negotiation. 

It is a remarkable and striking fact connected with -n ie issue 
this part of our governmental history, that not one of c,osed .- 
all the eminent and gifted statesmen of England had independ- 
the sagacity to foresee, how much her future greatness ency . tn " 
and riches would be promoted by the independence of July, 1782. 
the United States of America. The bare idea of relin- 
quishing the sovereignty over them broke the heart of 
the illustrious Earl of Chatham, and he could not 
survive the prospect even of such a dismemberment of 
so splendid an empire. The gifted Earl of Shelbume, 
now the premier of England, while he summoned all 
his energies, and plied all his accomplishments and his 
eloquence, to rally the nation from its deep despond- 
ency, still gave utterance to the doleful lamentation 
that the sun of England would set in obscurity behind 
the dark cloud of American independency ; whereas, it 
but marked her entrance upon a career of prosperity, 
glory, and greatness, far above and beyond anything 
she had ever before known. And all this was the 
labor and the reward of those faithful and far-seeing 
patriots, who, in the revolutionary congress of the Uni- 
ted Colonies, purposed and wrought out the great 
scheme of our independence. Neither America, or 
mankind, have yet paid a competent tribute of ac- 
knowledgment for the debt they owe to the Fathers 



838 THE GOVERNMENTAL HISTORY OP 



Part IV. the fekjianent union 



of our Revolution; because neither the historian or 
the philosopher has ever fully disclosed to them its 
intricate achievement, its comprehensive relations, or 
its beneficent influences upon the welfare of the 
world. 



Provisionary Articles op Peace. 

Provision- The way being thus auspiciously prepared, and act- 
clesfbra i ye negotiations set on foot, Provisionary Articles of 
treaty of Peace were " agreed upon and executed at Paris, on 

P6&C6 1)6- 

tweenEug-the thirtieth day of November, 1782, between Richard 
land and Osiuald, Esq., the commissioner of his Britannic Mai- 

Amenca, ' * ' J 

Nov., 1782. esty, for treating of peace with the commissioners of 
the United States of America, in behalf of his said 
majesty, on the one part : and John Adams, Benjamin 
Franklin, John Jay, and Henry Laurens, four of the 
commissioners of the said States, for treating of peace 
with the commissioners of his said Majesty, on their 
behalf, on the other part : To be inserted in and to 
* See the constitute the Treaty of Peace* proposed to be con- 
Definitive eluded between the Crown of Great Britain and the 

Treaty 

post, page said United States ; but which treaty is not to be con- 
844, eluded until terms of a peace shall be agreed upon 

between Great Britain and France ; and his Britannic 
Majesty shall be ready to conclude such treaty accord- 
ingly." 
Prelimina- ij;j ie provisionary articles of peace with America 

rv Articles 

of peace were followed by "Preliminary Articles of Peace be- 
Engiand tween ms Britannic Majesty and the Most Christian 
and King" of France; which were signed by the plenipo- 

Jan^oth tentiaries of the respective powers, at Versailles, the 
1783. twentieth day of January, 1783 ; "re-establishing sin- 
cere friendship between his Britannic Majesty and his 
Most Christian Majesty, their kingdoms, states, and 
subjects, by sea and by land, in all parts of the 
world." 



THE UNITED STATES OF AMERICA. 839 

UNDER THE CONFEDERATION. PART IV. 

Like " Preliminary Articles of Peace " were in like Prciimina- 
manner executed, at the same time and place, "be-JJ^^j 68 
tween his Britannic Majesty and the Most Catholic Between 
King" of Spain, "re-establishing sincere friendship «af&^ 
between his Britannic Majesty and his Most Catholic 
Majesty, their kingdoms, states, and subjects, by sea 
and by land, in all parts of the world." 

The preliminary articles between Great Britain and Ratifica- 
France were ratified and exchanged on the third, and ^^^3 
those with Spain on the ninth day of February, in the 
same year. Accordingly his Britannic Majesty was 
ready to conclude a definitive treaty of peace with 
America, further preliminary to which an agreement Cessation 
was entered into between the ministers plenipotentiary ^ag^ed 
of the United States of America and the minister upon, Jan. 
plenipotentiary of his Britannic Majesty, at Paris, on ' 
the twentieth of January, 1783, for a cessation of hos- 
tilities. 



Meanwhile, and until the provisionary articles andproceed- 
agreement for a cessation of hostilities reached Amer- *£%% m . the 

U. b. A. 

ica, the Congress and the officers of the army were 

very busily engaged in directing preparations for an- Pre a _ 

other campaign. It does net appear that they at alltionsfor 

anticipated so ready or so early a desire on the part campaign. 

of Great Britain to terminate the war ; much less to 

concede its fruitlessness by proffers of peace, or by 

offering to recognize the independence of the new 

Confederacy. The information was conveyed to them 

in a letter and accompanying documents, transmitted 

from Paris by Dr. Franklin, in January, 1783. These 

papers were referred to the secretary for foreign affairs, 

(an office created- under the Confederation,) who, on 

the eleventh day of April, 1783, reported the draft of 

a proclamation^ which was agreed to by the Congress, See next 

as follows, viz. : page * 



840 THE GOVERNMENTAL HISTOEY OP 

Part IV. the permanent union 



^oo l a y fhe " By the United States of America, in Congress 

congress ASSEMBLED — A PROCLAMATION, 

oi' a cessa- 

™?A P r., " Declarin g the cessation of arms, as well by sea as by 
1783.' land, agreed upon between the United States of 

America and his Britannic Majesty ; and enjoining 

the observance thereof: 
Prelimma- " Whereas, Provisional Articles were signed at Paris, 
" t on the thirtieth day of November last, between the 



tween Eng- 
land and ministers plenipotentiary of the United States of 
m nca. ^ mer j ca f or treating of peace, and the minister ple- 
nipotentiary of his Britannic Majesty, to be inserted 
and to constitute the treaty of peace proposed to be 
concluded between the United States of America and 
his Britannic Majesty when terms of peace should be 
agreed upon between their most Christian and Britan- 
Between nic Majesties : And whereas, preliminaries for restor- 
anf an ing peace between their Most Christian and Britannic 
France. Majesties were signed at Versailles, on the twentieth 
day of January last, by the ministers of their Most 
Christian and Britannic Majesties : And whereas, pre- 
Between liminaries for restoring peace between the said King of 
and Spain. Great Britain and the King of Spain were also signed 
at Versailles, on the same twentieth day of January 
last : By which preliminary articles it has been agreed, 
Stipula- "That as soon as the same were ratified, hostilities 
tionsfor a between the said Kings, their kingdoms, states, and 
of hostili- subjects, should cease in all parts of the world : And it 
was further agreed, that all vessels and effects that 
might be taken in the Channel and in the North seas, 
after the space of twelve days from the ratification of 
the said preliminary articles, should be restored: That 
the term should be one month from the Channel and 
North seas, as far as the Canary Islands inclusively, 
whether in the ocean or the Mediterranean ; two 
months from the said Canary Islands as far as the 
equinoctial line or equator; and lastly, five months 



ties 



THE UNITED STATES OF AMERICA. 841 

UNDER THE CONFEDERATION. P.VRT IV. 

in all other parts of the world, without any exception Proeiama- 
or more particular description of time or place. congress 

"And whereas it was declared by the minister pleni-°? a c c ss a- 

„ -r, . . . tion of 

potentiary of the king of Great Britain; in the name arms, Apr., 
and by the express order of the king his master, on the 1783 * 
said twentieth day of January last ; that the said Uni- 
ted States of America, their subjects and their posses- 
sions, shall be comprised in the above-mentioned sus- 
pension of arms, at the same epochs, and in the same Condition 
manner as the three crowns above mentioned, their sub- pension of 
jects and possessions respectively ; upon condition, that hostilities. 
on the part of the United States of America, a similar 
declaration shall be delivered, expressly declaring their 
assent to the said suspension of arms, and containing 
an assurance of the most perfect reciprocity on their 
part : 

" And whereas the ministers plenipotentiary of these Accept- 
United States, did, on the same twentieth day of Janu- decUtratiori 
ary, in the name and by the authority of the said Uni- by the min- 
ted States, accept the said declaration ; and declare the u. g, a. 
said states should cause all hostilities to cease against his 
Britannic majesty, his subjects and his possessions, at the 
terms and epochs agreed upon between his said majesty 
the king of Great Britain, his majesty the king of 
France, and his majesty the king of Spain, so and in 
the same manner as had been agreed upon between 
those three crowns, and to produce the same effects: 

"And whereas the ratifications of the said preliminary Exchange 
articles, between their most Christian and Britannic [ > ion g tl De ca " 
majesties, were exchanged by their ministers on the tween the 

S6V6r<ll 

third day of February last ; and between his Britannic p0W ers. 
majesty and the king of Spain on the ninth day of Feb- 
ruary last: 

" And whereas it is our will and pleasure, that the All acts of 
cessasion of hostilities between the United States of prohibited. 
America and his Britannic majesty, should be conform- 
able to the epochs fixed between their Most Christian 
and Britannic majesties; we have thought lit to make 



842 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Proclama- 
tion by the 
congress, 
of a cessa- 
tion of 
arms, April 
11th, 1783. 



The Gov- 
ernors to 
make it 
public in 
the re- 
spective 
states. 



known the same to the citizens of these states ; and we 
hereby strictly charge and command all our officers, 
both by sea and land, and other subjects of these Uni- 
ted States, to forbear all acts of hostility, either by sea 
or by land, against his Britannic majesty or his subjects, 
from and after the respective times agreed upon between 
their Most Christian and Britannic majesties as afore- 
said. And we do further require all governors and oth- 
ers; the executive powers of these United States re- 
spectively, to cause this our proclamation to be made 
public, to the end that the same may be duly observed 
within their several jurisdictions. 
"Done in Congress, &c." 



Hostilities having thus ceased, and there being no 
longer any call for active service in the field, the congress 
felt that the genius, the wisdom, and the virtue, which 
had so successfully planned and directed the operations 
of the war, might well be called to illumine and to 
guide the councils of the state in peace. The opinions 
and suggestions of Washington had always been re- 
ceived by the congress and throughout America with 
the greatest deference and respect, and were always 
sought for in times of difficulty and embarrassment. 
He probably influenced and guided the destinies of this 
country, by his correspondence with leading men in 
congress, and in the different colonial or provincial 
assemblies, quite as much as he did in his command of 
Washing- the officers and army in the conduct of the war. He 
to^rTIudi- was therefore now invited to visit the national legisla- 
ence with ture. On Monday, August twenty-fifth, 1783, being 
g resS) informed of his arrival in the neighborhood of Prince- 
Aug. 26th. ton, the Congress 

" Ordered, That he have an audience in congress to- 
morrow, at twelve o'clock." 

The next day, according to the order, General Wash- 
ington attended, and being introduced by a committee 



THE UNITED STATES OF AMERICA . 843 

UNDER THE CONFEDERATION. PART IV. 

of two members, the president addressed him as fol- Washing. 

1 ^ -,*--, . ton iu 

lo;Vb - audience 

"Sir: — Congress feel particular pleasure in seeing before the 
your excellency and congratulating you on the success Aug. 26th 
of the war, in which you have acted so conspicuous a 1783, 
part. 

"It has been the singular happiness of the United Address of 
States, that during a war so long, so dangerous, and so dent of the 
important, Providence has been graciously pleased to™"^^ 
preserve the life of a General, who has merited andington. 
possessed the uninterrupted confidence and affection of 
his fellow citizens. In other nations many have per- 
formed services for which they have deserved and re- 
ceived the thanks of the public. But, to you, Sir, 
peculiar praise is due : Your services have been essen- 
tial in acquiring and establishing the freedom and inde- 
pendence of your country. They deserve the grateful 
acknowledgments of a free and independent nation. 
Those acknowledgments, congress have the satisfaction 
of expressing to your excellency. 

" Hostilities have now ceased, but your country still 
needs your services. She wishes to avail herself of 
your talents in forming the arrangements which will be 
necessary for her in the time of peace. For this reason 
your attendance at congress has been requested. A 
committee is appointed to confer with your excellency, 
and to receive your assistance in preparing and digest- 
ing plans relative to those important objects." 

To which General Washington replied: 

"Mr. President, — I am too sensible of the honorable Washing- 
reception I have now experienced, not to be penetrated * on ^ reply 
with the deepest feelings of gratitude. Notwithstand- president 
ing congress appear to estimate the value of my life ° res ^ cou " 
beyond any services I have been able to render the 
United States, yet I must be permitted to consider the . 
wisdom and unanimity of our national councils, the 
firmness of our citizens, and the patience and bravery 
of our troops, which have produced so happy a termi- 



844 THE GOVERNMENTAL HISTORY OP 



PAKT IV. THE PERMANENT UNION 



Washing- nation of the war, as the most conspicuous effect of the 
audience Divine interposition, and the surest presage of our 



before the future happiness.. 

Aug! 26th, "Highly gratified by the favorable sentiments which 
1783. congress are pleased to express of my past conduct, and 
amply rewarded by the confidence and affection of my 
to^head- fellow-citizens ; I cannot hesitate to contribute my best 
dress of the en deavors towards the establishment of the national 

president. 

security in whatever manner the sovereign power may 

think proper to direct, until the ratification of the 

definitive treaty of peace, or the final evacuation of our 

Proposes country by the British forces: After either of which 

to retire even ts, I sna ll ask permission to retire to the peaceful 

to private ' . 

'life- shades of private life. 

"Perhaps, Sir, no occasion may offer more suitable 
than the present, to express my humble thanks to God, 
and my grateful acknowledgments to my country, for 
the great and uniform support I have received in every 
vicissitude of fortune, and for the many distinguished 
honors which congress have been pleased to confer upon 
me in the course of the war." 



The Definitive Treaty was executed at Paris in Sep- 
tember, 1783, as follows, viz. : 

Definitive DEFINITIVE TREATY BETWEEN GREAT BRITAIN AND THE 

* reat . v United States of America. 

between 

Great « j n tf ie na me of the Most Holy and undivided Trinity. 

the u. S. a. It having pleased the Divine Providence to dispose the 

Sept.,1783. near t s of the most serene and most potent prince George 
the third, by the Grace of God, king of Great Britain, 
France and Ireland, defender of the faith, Duke of 
Brunswick and Lunenburg, arch-treasurer and prince 

Preamble, elector of the holy Roman Empire, <tc. ; and of the 
, United States of America ; to forget all past misunder- 
standings and differences, that have unhappily inter- 
rupted the good correspondence and friendship which 
they mutually wish to restore ; and to establish such a 



THE UNITED STATES OP AMERICA. 845 

UNDER TIIE CONFEDERATION. PART IV. 

beneficial and satisfactory intercourse between the two Definitive 
countries, upon the ground of reciprocal advantages between 
and mutual convenience, as may promote and secure to Gieat 

, , , , r. Britain 

both perpetual peace and harmony ; and having, lor and the 
this desirable end, already laid the foundation of peace irj* ^» 
and reconciliation, by the provisional articles signed 
at Paris, on the thirtieth of November, 1782, by the p rean ibie. 
commissioners empowered on each part, which articles 
were agreed to be inserted in, and to constitute the 
treaty of peace proposed to be concluded between the 
crown of Great Britain and the said United States, but 
which treaty was not to be concluded until terms of 
peace should be agreed upon between Great Britain and 
France, and his Britannic majesty should be ready to 
conclude such treaty accordingly; and the treaty be- 
tween Great Britain and France having since been con- 
cluded ; His Britannic majesty and the United States 
of America, in order to carry into full effect the pro- 
visional articles above mentioned, according to the tenor 
thereof, have constituted and appointed — that is to say 
— his Britannic majesty on his part, David Hartley, Names of 
Esq., member of the Parliament of Great Britain; andg^™™J" 
the said United States on their part, John Adams, Esq., 
late a commissioner of the United States of America, 
at the court of Versailles, late delegate in congress 
from the state of Massachusetts, and Chief Justice of 
the said state, and Minister Plenipotentiary of the said 
United States to their High mightinesses the States- 
General of the United Netherlands — Benjamin Frank- 
lin, Esq., late delegate in congress from the state of 
Pennsylvania, president of the convention of the said 
state, and Minister Plenipotentiary from the United 
States of America at the court of Versailles ; and John 
Jay, Esq., late president of congress, Chief Justice of 
the state of New York, and Minister Plenipotentiary 
from the said United States at the court of Madrid ; to 
be the Plenipotentiaries for concluding and signing the 
present Definitive Treaty; who, after having recipro- 



846 THE GOVERNMENTAL HISTORY OP 



Part IV. the permanent union 



Definitive cally communicated their respective full powers, have 
between agreed upon and confirmed the following articles: 
Great Article I. His Britannic Majesty acknowledges the 

and the said United States, viz., New Hampshire, Massachu- 
F" !" i, setts Bay, Rhode Island and Providence Plantations, 

Sept., 1783. ' ' 

Connecticut, New York, New Jersey, Pennsylvania, 

Independ- DELAWARE, MARYLAND, VIRGINIA, NORTH CAROLINA, 

enceoftheg 0UTH Carolina, and Georgia, to be free, sovereign, 
conceded, and independent states ; that he treats with them as 
such, and for himself, his heirs and successors, relin- 
quishes all claims to the government, propriety, and 
territorial rights, of the same, and every part thereof. 
Precincts Article II. And that all disputes, which might arise 
U. S. A. in future, on the subject of the boundaries of the said 
United States, may be prevented, it is hereby agreed 
and declared, that the following are and shall be their 
boundaries, viz., from the north-west angle of Nova- 
Scotia, viz., that angle which is formed by a line 
drawn due north from the source of St. Croix river to 
the highlands, along the said highlands, which divide 
those rivers which empty themselves into the River St. 
Lawrence from those which fall into the Atlantic Ocean, 
to the north-westernmost head of Connecticut River — 
thence down along the middle of that river to the forty- 
fifth degree of north latitude — from thence by a line 
due west on said latitude, until it strikes the river Iro- 
quois or Cataraguy — thence along the middle of the 
said river into Lake Ontario, through the middle of 
said Lake until it strikes the communication by water 
between that Lake and Lake Erie — thence along the 
middle of said communication into Lake Erie, through 
the middle of said Lake until it arrives at the water 
communication between that Lake and Lake Huron — 
thence along the middle of said water communication — 
thence through the middle of said Lake to the water 
communication between that Lake and Lake Supe- 
riour — thence through Lake Supcriour northward of 
the Isles Royal and Philipeaux to the Long Lake ; thence 



THE UNITED STATES OP AMERICA. 847 

UNDER THE CONFEDERATION. PART IV. 

through the middle of said Long Lake , and the water com- Definitive 
munication between it and the Lake of the Woods to the treatv of 

peace be- 

said Lake of the "Woods — thence through the said Lake tween 
to the most north-western point thereof, and from Britain 
thence in a due west course to the river Mississippi — r T nt L th f 
thence by a line to be drawn along the middle of the Sept. 1783. 
said river Mississippi until it shall intersect the north- 
ernmost part of the thirty-first degree of north lati- 
tude. South, by a line to be drawn due east from the 
determination of the line last mentioned in the lati- 
tude of thirty-one degrees north of the equator, to the 
middle of the river Apalachicola or Catahouche — 
thence along the middle thereof to its junction with 
the Flint river — thence straight to the head of St. 
Mary's river, and thence down along the middle of St. 
Mary's river to the Atlantic Ocean. East, by a line to 
be drawn along the middle of the river St. Croix, from 
its mouth in the Bay of Fundy, to its source, and from 
its source directly north to the aforesaid highlands, 
which divide the rivers that fall into the Atlantic Ocean, 
from those which fall into the river St. Lawrence, com- 
prehending all islands within twenty leagues of any 
part of the shores of the United States, and lying be- 
tween lines to be drawn due east from the points where 
the aforesaid boundaries between Nova Scotia on the 
one part, and East Florida on the other, shall respect- 
ively touch the Bay of Fundy, and the Atlantic Ocean, 
excepting such islands as now are, or heretofore have 
been, within the limits of the said Province of Nova 
Scotia. 

Article III. It is agreed, that the people of the Fisheries. 
United States shall continue to enjoy, unmolested, the 
right to take fish of every kind on the Grand Bank, 
and on all other Banks of Newfoundland, also in the 
Gulph of St. Lawrence, and at all other places in the 
sea, where the inhabitants of both countries used at 
any time heretofore to fish. And also, that the inhab- 
itants of the United States shall have liberty to take 



848 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



Definitive 
treaty of 
peace be- 
tween 
Great 
Britain 
and the 
U. S. A., 
Sept 1753. 



Collection 
of debt6. 



Restitution 
of confis- 
cated 
estates. 



fish of any kind upon such part of the coast of New- 
foundland, as British fishermen shall use (but not to 
dry or cure the same on that Island), and also on the 
coasts, bays, and creeks, of all other of his Britannic 
Majesty's Dominions in America ; and that the Amer- 
ican fishermen shall have liberty to dry and cure fish 
in any of the unsettled bays, harbours, and creeks of 
Nova Scotia, Magdalen Islands, and Labrador, so long 
as the same shall remain unsettled ; but so soon as the 
same or either of them shall be settled, it shall not be 
lawful for the said fishermen to dry or cure fish at such 
settlement, without a previous agreement for that pur- 
pose with the inhabitants, proprietors, or possessors of 
the ground. 

Article IV. It is agreed, that the creditors on either 
side shall meet with no lawful impediment to the recov- 
ery of the full value, in sterling money, of all bona- 
fide debts heretofore contracted. 

Article V. It is agreed, that congress shall earnestly 
recommend it to the legislatures of the respective states, 
to provide for the restitution of all estates, rights and 
properties, which have been confiscated, belonging to 
real British subjects ; and also of the estates, rights, 
and properties of persons resident in districts in pos- 
session of his majesty's arms, and who have not borne 
arms against the United States ; and that persons of 
any other description shall have free liberty to go to any 
part or parts of the Thirteen United States, and therein to 
remain twelve months unmolested, in their endeavours 
to obtain the restitution of such of their estates, rights, 
and properties, as may have been confiscated : And that 
congress shall also earnestly recommend to the several 
states, a reconsideration and revision of all acts or 
laws respecting the premises, so as to render the said 
acts or laws perfectly consistent, not only with justice 
and equity, but with that spirit of conciliation, which 
on the return of the blessings of peace, should univer- 
sally prevail : And that congress shall also earnestly 



THE UNITED STATES OP AMERICA. 849 

UNDER THE CONFEDERATION. PART IV. 

recommend to the several states, that the estates, Definitive 
rights, and properties, of such last mentioned persons, p r e e a a c J ^ e . 
shall be restored to them, they refunding to any person t ween 
who may now be in possession, the bona-fide price, Britain 
(where any has been given,) which such persons may ^g 1 ^ 
have paid, on purchasing any of the said lands, rights, Sept. 1783. 
or properties, since the confiscation. And it is agreed, 
that all persons, who may have any interest in confis- 
cated lands, either by debts, marriage settlements, or 
otherwise, shall meet with no lawful impediment in the 
prosecution of their just rights. 

Article VI. That there shall be no future cew/foca- Prosecu - 

. . , . tions and 

tions made, nor any prosecutions commenced, against confisca- 
any person or persons, for, or by reason of, the part tl0ns> 
which he or they may have taken in the present war ; 
and that no person shall, on that account, suffer any 
further loss or damage, either in his person, liberty, or 
property ; and that those who may be in confinement 
on such charges, at the time of the ratification of the 
treaty in America, shall be immediately set at liberty, 
and the prosecution so commenced, be discontinued. 

Article VII. Tliere shall be a firm and perpetual Perpetual 
peace between his Britannic majesty and the said states, peace * 
and between the subjects of the one and the citizens of 
the other : "Wherefore all hostilities, both by sea and 
land, shall from henceforth cease ; all prisoners on both 
sides shall be set at liberty ; and his Britannic majesty "Withdraw- 
shall, with all convenient speed, and withoivt causing g r ° tis ^ e 
any destruction, or carrying away any negroes, or other forces, 
property, of the American inhabitants, withdraw all his 
armies, garrisons, and fleets, from the said United 
States, and from every post, place and harbour, within 
the same, leaving in all fortifications the American artil- 
lery that maybe therein: And shall also order and^estora- 
cause all archives, records, deeds and papers, belonging records, 
to any of the said states, or their citizens, which, in deeds> etc# 
the course of the war, may have fallen into the 
hands of his officers, to be forthwith restored, and de- 
54 



850 THE GOVEBNMENTAL HISTORY OF 

Part IV. the permanent union 

Definitive livered to the proper states and persons to whom they 

treaty of lj e l 011o . 
peace be- utlull S' 

tween Article VIII. TJie navigation of the river Mississip- 

Britain pi, from its source to the ocean, shall forever remain free 
and the an d p en to the subjects of Great Britain and the citi- 
Sept. 1783. zens of the United States. 

Restora- Article IX. In case it should so happen that any 
^1°" ° f a pl ace or territory belonging to Great Britain, or to the 
tured after United States, should have been conquered by the arms 
of either from the other, before the arrival of the said 
provisional articles in America, it is agreed, that the 
same shall be restored without difficulty, and without 
requiring compensation. 
Raiifica- Article X. The solemn ratification of the present 
exchange treaty, expedited in good and due form, shall be ex- 
changed between the contracting parties in the space 
of six months, or sooner, if possible, to be computed 
from the day of the signature of the present treaty. 
Seeratifi- In witness whereof, we, the undersigned, their Minis- 
p at gg°' ters Plenipotentiary, have, in their name, and in virtue 
post. of our full powers, signed with our hands the present 
Definitive Treaty, and caused the seals of our arms 
to be affixed thereto. Done at Paris, September 3d, 
1783. 



L. S. 


David Hartley, 


L. S. 


John Adams, 


L. S. 


B. Franklin, 


L. S. 


John Jay. 



Thejubilee The British troops evacuated November 25th, 1783, 
can A hide-" an( ^ ^ Qve anc * ^ mis terminated the American Revolution, 
pendence, Thus was consummated the great work of our national 

1783 

conception and deliverance. It was the triumph of rea- 
son over passion ; of justice over prejudice ; of humanity 
over oppression, cruelty, and wrong ; and of religion 
over all. It introduced the brightest, and, save one 
yet to come, the most important epoch in our govern- 
mental history. It established the United States of 



THE UNITED STATES OF AMERICA. 851 

UNDER THE CONFEDERATION. PART IV. 

America upon as solid a basis of sovereignty as that The jubilee 
which sustained any of the monarchies of Europe. ^DJncf"" 
The event was hailed with jubilant exultation by mill- jSendence, 

• 1783 

ions of rejoicing hearts on both sides of the Atlantic. 
It elevated the hopes of humanity everywhere, ener- 
gized desponding nations, and gave assurances to 
mankind of years of freedom, prosperity, happiness, 
and plenty, such as the world had never before known. 
The morning stars again sang together, and all the 
intelligent universe of God shouted for joy, to see the 
new-born Confederacy take its place in the great family 
of nations, a recognized, distinctive, independent and 
sovereign Power on Earth. 

It was fitting, as well as characteristic, that those 
great and good men of the Congress, whose work it 
was, with the venerated Commander-in-chief of their 
armies in consultation, should, in this the very flush of 
their triumph, publicly avow their faith in that religion 
whose elements of freedom were the basis of their 
liberty and their independence. 

In October, 1783, Mr. Buane, Mr. S. Huntington, committee 
and Mr. Holten, were appointed a committee "to pre- on a Pre- 
pare a proclamation for a day of thanksgiving." They for a gene- 
reported a draft on the eighteenth, which was read ™ l . 4 ^ anks - 
before the congress, and agreed to, as follows : 

" By the United States in Congress assembled, 

A Proclamation. 
11 Whereas, it hath pleased the Supreme Ruler of all Proclama- 
human events, to dispose the hearts of the late bellig- general a 
erent powers to put a period to the effusion of human thanksgiv- 
blood, by proclaiming a cessation of all hostilities by congress, 
sea and land; and these United States are not only ^5g 3 18th ' 
happily rescued from the dangers and calamities to 
which they have been so long exposed ; but their free- Recogni- 
dom, sovereignty, and independence ultimately ao-J^jaUn. 
knowledged : And whereas, in the progress of a con- terventkm 
test on which the most essential rights of human na-dence. 



852 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Prockma- ture depended, the interposition of Divine Providence 
tion for • favor hath been most abundantly and most gra- 

a general •> ° 

tiianksgiv- ciously manifested, and the citizens of these United 
congress 6 States have every reason for praise and gratitude to 
Oct. isth, the God of their salvation: Impressed therefore with an 
exalted sense of the blessings by which we are sur- 
rounded, and of our entire dependence on that Al- 
mighty Being from whose goodness and bounty they 
are derived, The United States in Congress assembled, 
do recommend it to the several states, to set apart the 
second Thursday in December next as a day of Public 
Thanksgiving; that all the people may then assemble 
to celebrate with grateful hearts and united voices, the 
praises of their Supreme and All-bountiful Benefactor, 
Their na- for His numberless favors and mercies. That He hath 
Jf° na ? been pleased to conduct us in safety through all the 

blessings. L * ° 

perils and vicissitudes of the war ; that He hath given 
us unanimity and resolution to adhere to our just 
rights ; that He hath raised up a powerful ally to assist 
us in supporting them, and hath so far crowned our 
united efforts with success, that in the course of the 
present year hostilities have ceased, and we are left in 
the undisputed possession of our liberty and independ- 
ence, and of the fruits of our land, and in the free par- 
ticipation of the treasures of the sea ; that He hath 
prospered the labour of our husbandmen with plentiful 
Recogni- harvests ; and above all, that He hath been pleased to 
Protestant continue to us the light of the blessed Gospel, and se- 
Christian- cure( i to us in the fullest extent the rights of conscience 

itv. „ . . , n . 

in faith and worship. 

Appeal for "And while our hearts overflow with gratitude, and 

protection our U P S set fortn the P raises of our S reat Crcator > that 

and guid- W c also offer up fervent supplications, that it may please 
ance- Him to pardon all our offences, to give wisdom and 
unanimity to our public councils, to cement the hearts 
of all our citizens in the bonds of affection, and to in- 
spire them with an earnest regard for the national 
honor and interest; to enable them to improve the 



THE UNITED STATES OF AMERICA. 853 

UNDER THE CONFEDERATION. PART IV. 

days of prosperity by every good work, and to be lov- Prociama- 
ers of peace and tranquillity ; that He may be pleased " n„ b ^ tbe 
to bless us in our husbandry, our commerce and navi- disbanding 

, . , ., . . , „ the army, 

gation ; to smile upon our seminaries and means ol Oct. lsth 
education ; to cause pure religion and virtue to flour- 1783 - 
ish, to give peace to all nations, and to fill the world 
with His glory. 

"Done by the United States in Congress assembled. 
Witness His Excellency Elias Boudinot, our President, 
this eighteenth day of October, in the year of our Lord 
one thousand seven hundred and eighty-three, and of 
the sovereignty and independence of the United States 
of America, the eighth." 



"By the United States in Congress assembled, 
A Proclamation. 

" Whereas, in the progress of an arduous and diffi- Patriotism 
cult war, the armies of the United States of America ° * ;o t 

' ill ULlL-b* 

have eminently displayed every military and patriotic 
virtue, and are not less to be applauded for their forti- 
tude and magnanimity in the most trying scenes of 
distress, than for a scries of heroic and illustrious 
achievements, which exalt them to a high rank among 
the most zealous and successful defenders of the rights 
and liberties of mankind ; And whereas, by the blessing Recoeni- 
of Divine Providence on our cause and our arms, the tion of 

... Provi- 

glorious period is arrived when our national independ- dence. 
ence and sovereignty are established, and we enjoy the 
prospect of a permanent and honorable peace : We 
therefore, the United States in Congress assembled, 
thus impressed with a lively sense of the distinguished 
merit and good conduct of the said armies, do give Thanks to 
them the thanks of their country, for their long, emi- army? e 
nent, and faithful services : And it is our will and 
pleasure, that such part of the federal armies as stands 
engaged to serve during the war, and as by our acts 
of the twenty-sixth day of May, the eleventh day of 
June, the ninth day of August, and the twenty-sixth 



854 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Proclama- day of September last, were furloughed, shall, from 

cono-re S f e and after the third da ^ of November liext > be abso- 
disbandiug lately discharged, by virtue of this our proclamation, 
Oct. a i8tk, from the said service. 

1788. "And we do also declare, that the further services in 

Officers the field, of the officers who are deranged and on fur- 

fromfur- l° ll »h, m consequence of our aforesaid acts, can now 

ther serv- be dispensed with ; and they have our full permission 

to retire from service without being longer liable, from 

their present engagements, to be called into command. 

And of such discharge and permission to retire from 

service respectively, all our officers, civil and military, 

and all others whom it may concern, are required to 

take notice, and to govern themselves accordingly. 

" Given under the seal of the United States, in Con- 
gress assembled. Witness his Excellency, Elias Bou- 
dinot, our President, in Congress, this eighteenth day 
of October, in the year of our Lord one thousand 
seven hundred and eighty-three, and of the sovereignty 
and independence of the United States of America, 
the eighth." 



Washing- Among the crowd of distinguished and great men 
ton sui- w i 10 fig Ure d so conspicuously in these closing scenes in 
commis- the tragedy of our Revolution, there is no one whose 
conoress" 5 acts aud utterances so much interest our attention and 
Dec, 1783. elicit our admiration, as those of George Washington. 
There is something so peculiarly symmetrical and sub- 
lime in the character and career of this most wonder- 
ful of men, that everything he does compels veneration, 
and everything he says seems to carry with it the influ- 
ence and the force of inspiration. The war being now 
entirely over, hostilities having utterly ceased, the for- 
ces of Great Britain being withdrawn, and the Ameri- 
can army disbanded, he repairs to Annapolis to sur- 
render back to the Congress the commission which 
clothed him with military power. Young America! 
behold the man, and emulate his great example. 



THE UNITED STATES OF AMERICA. 855 



UNDER THE CONFEDERATION. PART IV. 

He does not abruptly send in his commission and his Character- 
resignation, to the congress, as if he had a right to f^ t pe £ ul " 
tender and they were bound to accept them ; but, in the sur- 
modest and respectful mien, he stands afar off, and in- r " 
forms them of his " arrival in the city, with the inten- 
tion of asking- leave to resign the commission he has 
the honor of holding in their service." He does not 
consult his own will, or pleasure, or convenience, as to 
the manner of doing it ; but " desires to know their 
pleasure, in what manner it will be most proper to 
offer his resignation ; whether in writing, or at an 
audience ? " 

On receipt of the letter, after it was read, the Congress Saturday, 

"Resolved, That his excellency, the commander-in- Dec " 20t . h ' 
chief, be admitted to a public audience, on Tuesday 
next, at twelve o'clock ; and, that a public entertain- 
ment be given to the commander-in-chief, on Monday 
next." 

On Tuesday, December twenty-third, according to Is admit- 
order, his excellency was admitted to a public audience te< * V a 
in congress ; and being seated, the president, after a dience in 
pause, informed him that the United States in Congress De^^d. 
assembled, were prepared to receive his communica- 
tions ; whereupon he arose and addressed the congress, 
as follows, viz. : 
" Mr. President : 

" The great events on which my resignation depended His ad- 
having at length taken place, I have now the honor of congress 
offering my sincere congratulations to congress, and of oa . the oc * 
presenting myself before them, to surrender into their casion * 
hands the trust committed to me, and to claim the indul- 
gence of retiring from the service of my country. 
Happy in the confirmation of our independence and 
sovereignty, and pleased with the opportunity afforded 
the United States, of becoming a respectable nation, I 
resign with satisfaction, the appointment I accepted 
with diffidence ; a diffidence in my abilities to accom- 
plish so arduous a task ; which, however, was super- 



850 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Washing- seded by a confidence in the rectitude of our cause, 
Anders his tne su PP or ^ °f the supreme power of the union, and 
commis- the patronage of Heaven. 

gress^Dec" " The successful termination of the war has verified 
23d, 1783. the most sanguine expectations; and my- gratitude for 
the interposition of Providence, and the assistance I 
have received from my countrymen, increases with 
every review of the momentous contest. 
His ad- " While I repeat my obligations to the army in gen- 

thTocca- era lj I should do injustice to my own feelings not to ac- 
sion. knowledge, in this place, the peculiar services and dis- 
tinguished merits of the gentlemen who have been 
attached to my person during the war. It was impos- 
sible the choice of confidential officers to compose my 
family should have been more fortunate. Permit me, 
sir, to recommend in particular, those who have con- 
tinued in the service to the present moment, as worthy 
of the favorable notice and patronage of congress. 

" I consider it an indispensable duty to close this last 
act of my official life, by commending the interests of 
our dearest country to the protection of Almighty God ; 
and those who have the superintendence of them to 
His holy keeping. 

" Having now finished the work assigned me, I retire 
from the great theatre of action, and bidding an affec- 
tionate farewell to this august body, under whose orders 
I have so long acted, I here offer my commission and 
take my leave of all the employments of public life." 

He then advanced and delivered to the president his 
commission with a copy of his address, and having 
resumed his place, the president returned him the fol- 
lowing answer : 

"Sir: 
The presi- "The United States in congress assembled receive, 
swe/to 11 " with emotions too affecting for utterance, the solemn 
Washing- res io;nation of the authorities under which you have 

ton's & r 

address, led their troops with success through a perilous and a 
doubtful war. Called upon by your country to defend 



THE UNITED STATES OP AMERICA. 857 

, UNDER THE CONFEDERATION. TART IV. 

its invaded rights, you accepted the sacred charge Washing- 
before it had formed alliances, and whilst it was with- j ^!/^ 311 " 
out funds, or a government, to support you. You have coinmis- 
conducted the great military contest with wisdom and greB » d qc \ 
fortitude, invariably regarding the rights of the civil 23d > 1783 - 
power through all disasters and changes. You have 
by the love and confidence of your fellow-citizens, 
enabled them to display their martial genius, and trans- 
mit their fame to posterity. You have persevered, till 
these United States, aided by a magnanimous king and 
nation, have been enabled, under a just Providence, to 
close the war in freedom, safety, and independence ; on 
which happy event we sincerely join you in congratu- 
lations. 

"Having defended the. standard of liberty in this 
New World ; having taught a lesson useful to those The presi- 
who inflict and to those who feel oppression, you retire s °g r s t Q n * 
from the great theatre of action with the blessings of Washing- 
your fellow-citizens ; but the glory of your virtues will dress. 
not terminate with your military command, it will con- 
tinue to animate remotest ages. 

" We feel, with you, our obligations to the army hi 
general, and will particularly charge ourselves with the 
interests of those confidential officers who have attended 
your person to this affecting moment. 

" We join you in commending the interests of our 
dearest country to the protection of Almighty God, 
beseeching Him to dispose the hearts and minds of its 
citizens to improve the opportunity afforded them of 
becoming a happy and respectable nation : And, for 
you, we address to Him our earnest prayers, that a life 
so beloved may be fostered with all His care ; that your 
days may be happy as they have been illustrious ; and 
that He will finally give you that reward which this 
world cannot give." 



Ratification of the Definitive Treaty. 
On the fourteenth" day of January, 1784, the Congress 



858 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Ratifica- took up the consideration of the report of the commit- 
D°fiiSt'T he tee — collsistm S of ^ r - Jefferson, Mr. Gerry, Mr. Ellery, 
Treaty Mr. Read, and Mr. Hawkins — to whom were referred 
MtohjTy tlie Defmitive Treaty of peace between the United States 
the con- f America and his Britannic Majesty, and the joint let- 
i4tb,'i'7S4. ter of the tenth of September, from Mr. Adams, Mr. 
Franklin, and Mr. Jay, and 

" Resolved unanimously, nine states being present, 
that the said Definitive Treaty be, and the same is 
hereby, ratified by the United States in Congress as- 
sembled, in the form following, to wit : 



"The United States in Congress assembled: 
" To all persons to whom these presents shall come, 



Form of 
ratifica- 
tion. 



* See the 
articles, 
ante, 
p. 844. 



greeting: Whereas definitive articles of peace and 
friendship between the United States of America and 
his Britannic Majesty, were concluded and signed at 
Paris, on the third day of September, 1783, by the 
Plenipotentiaries of the said United States, and of his 
said Britannic Majesty, duly and respectively authorized 
for that purpose ; which definitive articles are in the 
words following (articles inserted at length).* 

" Now know ye, that we the United States in con- 
gress assembled, having seen and considered the defini- 
tive articles aforesaid, have approved, ratified and con- 
firmed, and by these presents do approve, ratify and con- 
firm, the said articles, and every part and clause thereof, 
engaging and promising, that we will sincerely and 
faithfully perform and observe the same, and never suf- 
fer them to be violated by any one, or transgressed in 
any manner, as far as lies in our power. 

"In testimony whereof, we have caused the seal of the 
United States to be hereunto affixed. 

" Witness His Excellency Thomas Mifflin, President, 
this fourteenth day of January, in the year of our Lord 
one thousand seven hundred and eighty-four ; and in 
the eighth year of the sovereignty and independence of 
the United States of America." 



THE UNITED STATES OF AMERICA. 859 

UNDER THE CONFEDERATION. PART IV. 

"Resolved, That the said ratification be transmitted Resoiu- 
with all possible dispatch, under the care of a faithful ^ n J|J 
person, to our ministers in France, who have negotiated 
the treaty, to be exchanged. 

"Resolved, That a proclamation be immediately Resolution 
issued, notifying the said Definitive Treaty and ratifica- [ or a P roc " 
tion to the several states of the Union, and requiring 
their observance thereof, in the form following : 

"By the United States in Congress assembled, 

A Proclamation. 
" Whereas Definitive Articles of peace and friendship Proclama- 
between the United States of America and his Britannic tlon by the 

congress 

Majesty, were concluded and signed at Paris, on the on the rati- 
third day of September, 1783, by the plenipotentiaries the defint 
of the said United States and of his said Britannic Maj- tive treaty, 
esty, duly and respectively authorized for that purpose ; 1*7 83. ' 
which definitive articles are in these words, (articles in- 
serted at length.) And we, the United States in Congress 
assembled, having seen and considered the definitive 
articles aforesaid, did, by a certain act under the seal 
of the United States, bearing date this fourteenth day 844. 
of January, 1784, approve, ratify and confirm the same, 
and every part and clause thereof, engaging and prom- 
ising that we would sincerely and faithfully perform and 
observe the same, and never suffer them to be violated 
by any one, or transgressed in any manner, as far as 
should be in our power ; And being sincerely disposed 
to carry the said articles into execution, truly, honestly, 
and with good faith, according to the intent and mean- 
ing thereof ; We have thought proper by these presents 
to notify the premises to all the good citizens of these 
United States ; hereby requiring and enjoining all bodies 
of Magistracy, Legislative, Executive, and Judiciary ; all 
persons bearing office, civil or military, of whatever 
rank, degree or powers ; and all others the good citi- 
zens of these states, of every vocation and condition, 
that reverencing those stipulations entered into on 



860 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

rrociama- their behalf, under the authority of that Federal Bond, 
rldflca 1 -^ by which their existence as an independent people is 
tion of the bound up together, and is known and acknowledged 
Treaty^ by the nations of the world ; and with that good faith 
Jan. 14th, w } 1 i c } 1 { s eV ery man's surest guide ; within their several 

1784. J ° # 

offices, jurisdictions and vocations, they carry into effect 
the said Definitive Articles and every clause and sen- 
tence thereof, sincerely, strictly, and completely. 
"Given under the seal of the United States: Witness 
His Excellency Thomas Mifflin, our President, at 
Annapolis, this fourteenth day of January, in the 
year of our Lord one thousand seven hundred and 
eighty-four: And of the sovereignty and independ- 
ence of the United States of America, the eighth. 
Accompa- "Resolved, unanimously, nine states being present, 

nying re- . . « 

commend- Tliat it be, and it is hereby earnestly recommended to 
th° n ta° s * ne legislatures of the respective states, to provide for 
and people the restitution of all estates, rights and properties, 
U. S. A. which have been confiscated, belonging to real British 
subjects; and also of the estates, rights and properties 
of persons resident in districts, which were in posses- 
sion of his Britannic majesty's arms, at any time be- 
tween the 30th day of November, 1782, and the 14th 
day of January, 1784, and who have not borne arms 
against the said United States ; and that persons of 
any other description, shall have free liberty to go to 
any part or parts of any of the thirteen United States, 
and therein to remain twelve months unmolested in 
their endeavors to obtain the restitution of such of 
their estates, rights and properties as may have been 
confiscated. 
To make "And it is also hereby earnestly recommended to the 

their laws * * . 

conforma- several states, to reconsider and revise all their acts or 
laws regarding the premises, so as to render the said 
laws or acts perfectly consistent not only with justice 
and equity, but with that spirit of conciliation, which 
on the return of the blessings of peace should univer- 
sally prevail. 



THE UNITED STATES OF AMERICA. 861 

UNDER THE CONFEDERATION. PART IV. 

"And it is hereby also earnestly recommended to the Restora- 
several states, that the estates, rights and properties, of fitted 
such last mentioned persons, should be restored to them, estates. 
they refunding to any persons who may be now in pos- 
session, the bona-fide price (where any has been given) 
which such persons may have paid on purchasing any 
of the said lands, rights, or properties, since the confis- 
cation." 

" Ordered, That a copy of the proclamation of this Resolution 
date, together with the recommendation, be transmitted upon ' 
to the several states by the Secretary." 



On the "third day of June, 1784, congress adjourned, Provision 
pursuant to a previous resolution, to meet at Trenton, ei .ai' t own. 
in New Jersey, on the thirtieth day of October then 
next: And on the twenty-third day of October of the 
same year, at Trenton, the following ordinance was 
passed, viz. : 

" Be it ordained, by the United States in Congress Commis- 
assembled, that three commissioners be appointed with ^ annohit- 
full power to lay out a district of not less than two nored. 
exceeding three miles square, on the banks of either 
side of the Delaware, not more than eight miles above 
or below the lower falls thereof, for a federal town. 
That they be authorized to purchase the soil or such Their au- 
part of it as they may judge necessary, to be paid a tp ^^ aHd 
proper installments ; to enter into contracts for erecting 
and completing, in an elegant manner, a federal house 
for the accommodation of congress, and for the execu- 
tive offices thereof: A house for the use of the presi- Public de- 
clcnt of congress ; and suitable buildings for the resi- P artmen s> 
dence of the secretary of foreign affairs; secretary at 
war; secretary of congress; secretary of the marine; 
and officers of the treasury: That the said commission- 
ers be empowered to draw on the treasury of the United 
States for a sum not exceeding one hundred thousand 
dollars for the purpose aforesaid: That in choosing a 
situation for the buildings, due regard be had to the 



862 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

The con- accommodation of the states with lots for houses, for 
adjourned tne llse °f tnen * delegates respectively: That on the 
to meet twenty-fourth day ol December instant, congress stand 

thereafter 

in New adjourned to meet at the City of New York, on the 
York City. e i even ^ 1 d a y f January following, for dispatch of pub- 
lic business, and that the sessions of congress be held 
at the place last mentioned, until the buildings afore- 
said shall be ready for their reception : Done, &c. 

"December 24£A, 1784. The congress adjourned ; to 
meet in the City of New York, on the eleventh day of 
January, 1785. 



The Compact of the Confederation, 

The com- Under which the colonies became states, and their union 
confederal as a nation was made perpetual, proved utterly defect- 
ion, {ye as the basis of a national administration. There 
The gov- was no new organization of the general government un- 
under'it ^ er **> °^ er ^ ian * ne appointment of secretaries for the 
different departments, who stood in the relation of spe- 
cial committees appointed by congress, for the regula- 
tion of the foreign and home departments in the admin- 
istration of public affairs. Their responsibilities and 
duties were defined and limited more by the current 
exigences of the day, than by any specific delegation, or 
distribution, of their powers. Besides these there was 
The com- a Committee of the States appointed under the ninth 

mittee of article, but its sessions were restricted to the recess of 
the states. ' 

congress ; and its powers were such only " as might be 

exercised by seven states in congress assembled, except 
those of sending ambassadors, ministers, envoys, resi- 
dents or consuls: Establishing rules for deciding what 
and juris-" captures by land or water should be legal ; and in what 
diction, manner prizes taken by land or naval forces, in the ser- 
vice of the United States, should be divided or appro- 
priated : Establishing courts for the receiving and de- 
termining, finally, appeals in cases of capture: Con- 
stituting courts for deciding disputes and differences 
arising between two or more states: Fixing the stand 



THE UNITED STATES OF AMEBICA. 863 

UNDER THE CONFEDERATION. PART IV. 

ard of weights and measures for the United States ; The corn- 
changing the rate of postage on the papers passing confederal 
through the post-office established by congress ; and of tion - 
repealing or contravening any ordinance or act passed 
by congress; or appointing civil or military officers, 
unless to supply the places of such within the United 
States as the committee may suspend for malconduct; 
or to fill up vacancies which may happen, by death, 
resignation, or otherways, within the said states, pro- Limitation 
vided such appointments shall not continue more than ments by 
one month after the assembling of the next congress, th . e com " 

° . . nuttee of 

unless confirmed by them. In case matters of impor- the states, 
tance were brought to their notice which were not with- 
in their jurisdiction, the committee were required to 
appoint a day for the meeting of the congress, prior to p wer of 
that to which it stood adjourned, and to give notice committee 

7 ° to convene 

thereof to the supreme executive of the respective the con- 
states: These powers were not specifically defined, nor greS3, 
was any such committee actually appointed by the con- 
gress, until May, 1784. But it does not appear that the 
Committee ever acted with any particular efficiency, 
in any of the premises. 

It is easy for us to discover the defects of the Con- Defects of 
federation, comparing it, as we may, with the record of * h *j c0 °" 
its inefficiency, and the more successful operation of the how to be 
present constitution. But when we consider the embar- regar 
rassments in which it originated; when we think of 
the difficulties which were encountered in its formation ; 
when we remember how few were the sources whence 
light could be drawn to illumine the councils of its 
framers ; and how wholly they were without any expe- 
rience to demonstrate the impracticability of the plan 
of administration comprehended in its provisions, we 
cease to wonder at its inefficiency. 

The peculiar circumstances under which a frame of Complici- 
government was called for ; the grievances and oppres- ^\Xx. 
|ions which the colonies had sustained, and were still 
smarting under, from the arbitrary enactments of par- 



864 THE GOVERNMENTAL HISTORY OF 

Pari IV. the ficumanext union 

The com- liament, and the measures of administration in England, 
coni'edera- 6 ren dered them extremely jealous of any authority to be 
tion. erected whose powers should, in any degree, restrict or 

control their own legislation. The delegates of the 
nation, therefore, found themselves in a situation at 
once new and peculiar. They could look upon the 
history of other republics as beacons to warn indeed, 
but not as lights to guide. The one for which they 
were called upon to legislate was without its precedent 
or its parallel in the world's history. They were not 
yet, in fact, states. Their independence was neither 
achieved, nor recognized by any nation, although the 
maintenance of their position in relation to it was guar- 
anteed by France. Without the settled consciousness 
of nationality, they could not know what might be their 
See Part national wants or necessities. Hitherto they had un- 
o3(T 502 derstood the benefits of union only as dependent colo- 
510, 5*71. nies, and with reference merely to restraining or resist- 
ing the arbitrary extension of its authority, by a power 
to which they acknowledged and confessed all due alle- 
giance ; and from which they had not even thought of 
separating themselves. But now that they had, by 
the declaration of their independence, virtually severed 
the tie of their political relationship with the parent 
state, they became extremely doubtful and cautious 
with what attributes they should clothe their own na- 
tional administration. 
Causes of These reflections introduce us at once to the causes 
its ineffi- which produced the main defects in the Confederation. 

ciency, re- r . . • ' . 

serration It will be observed as the most pernicious of all its 
to the* 613 provisions, that in the states respectively, was reserved 
states. the right and the power of carrying out the decrees 
of the congress, and executing them upon the people 
within their respective jurisdictions ; while the general 
government, the Congress, had no power by which it 
could enforce the states themselves to comply with its 
measures. The evil might, perhaps, have been avoided, 
had the question been, as it really should have been, 



THE UNITED STATES OF AMERICA. 865 

UNDER THE CONFEDERATION. PART IV. 

not what powers shall the states yield up to the con- Their na- 
gress, (if the congress were to he the general govern- u ^ 1 ca l 
ment,) but, on which shall fall that superintending basis of 
sovereignty which was but lately admitted to reside in pendence." 
the crown and parliament ? They were a nation only in See pages 
their capacity of united states. In this capacity alone ' 
had they declared themselves sovereign and independ- 
ent. If they were to continue this national capacity — 
and without it, when the confederation was adopted, 
they were nothing but dependent and revolting colO' 
nies — the object desired was, to erect a government 
which should be invested with those very attributes of 
sovereignty which were thus wrested from the crown; 
subject only to such restrictions as might, peradventure, 
arise from the peculiar relations of the parties to the 
compact. 

Had the Colonies themselves been wholly independent Colonial 
of each other when they proclaimed their independence sovereign- 
of Great Britain, then the sovereignty exercised over t J- 
each of them, by the parent state, would undoubtedly 
have reverted to each respectively. Then they might, 
rightfully, have considered themselves severally invest- 
ed with the absolute and unqualified attributes of sov- 
ereignty. But there never was a time, in all their past 
history, when they had not been subject either to Great 
Britain, or to the Congress. And at the very time their 
independence was declared, as we have seen, each and 
every one of them had, by the very necessities of their 
situation, and by its own voluntary acquiescence in 
the exercise of the powers the congress necessarily 
assumed, subjected itself to the direction and control 
of a general government which was virtually vested 
with these very prerogatives of sovereignty. The rev- 
olutionary congress, the nation's congress, the author- 
ized representatives of the whole American people, had 
thus already assumed and exercised the powers of sov- 
ereignty heretofore belonging to the crown and parlia- 
ment, and no one ever once thought of questioning the 
55 



866 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Mutual de- validity of their proceedings, or resisting their au- 

of n th e e nce thorit y-* 

colonies. Besides this, it is historically true, that the colonies 
had oftentimes manifested and declared their depend- 
ence upon each other, before they declared their inde- 

* See Sto- pendence of Great Britain. Indeed their severalty, so 
ry, Kent. f ar ag i\ lG [ r political relations with Great Britain and 

with one another were concerned, was merged in their 
general Colonial Union under the martial manifesto. 
And Patrick Henry spoke truly as well as patriotically 
when he exclaimed in the Congress of 1774 — "All 
America is thrown into one mass ! Where are your 
landmarks; your boundaries of colonies? They are all 

* Cited, l thrown down. The distinctions between Virginians, 
wSune- Pemisylvanians, New-Yorkers, and New-Englanders, are 
ton, 398. no more ! I am not a Virginian, but an American!"* 

But in order to understand more fully the nature 
and extent of the relative dependence of the several 
colonies upon each other, we must refer to their earlier 
history. As far back as the year 1643, we find that 
Articles of Confederation, to secure their general wel- 
fare and mutual protection, were entered into by the 
colonies of New England. These articles will better 
illustrate the necessity and importance of their union, 
as it was understood and felt by themselves ; and are 
less liable to question, than any argument I might ad- 
vance in support of the proposition ; and I therefore 
give them entire, the typography alone being some- 
what changed. 

"Articles op Confederation 
The New "Betwixt the plantations under the government of the 
co U £e d ra- Massachusets ; the plantations under the government 
tion, 1643 f Plimouth ; the plantations under the government 
of Connectecut ; and the government of New Haven; 
with the plantations in combination therewith : 
Preamble. " Whereas, we all came into these parts of America, 
with one and the same end and aymo, namely, to ad- 
vance the kingdome of our Lord Jesus Christ, and to 



THE UNITED STATES OF AMERICA. 867 



UNDER THE CONFEDERATION. PaRT IV. 



enjoy the liberties of the Gospel, in purity with peace ; Mutual de- 
And whereas, in our settling, by a wise providence of Df 1 ^ 1106 
God, we are further dispersed on the sea-coasts and colonies. 
rivers than was at first intended, so that we cannot 
(according to our desire) with convenience communi- 
cate in one government and jurisdiction : And whereas, 
we live encompassed with people of severall nations, 
and strange languages, which hereafter may prove in- 
jurious to us and our posterity : And forasmuch as the The New 
natives have formerly committed [3] sundry insolencies co^dera- 
and outrages upon severall plantations of the English, tion, 1643. 
and have of late combined themselves against us : 
And seeing by reason of the sad distractions in Eng- 
land, which they have heard of, and by which they 
know we are hindered both from that humble way of 
seeking advice, and reaping those comfortable fruits 
of protection, which, at other times, we might well 
expect : We therefore do conceive it our bounden 
duty, without delay, to enter into a present Consotia- 
tion amongst ourselves, for mutual help and strength 
in all our future concernments, that, as in nation and 
religion, so in other respects, we be, and continue, one, 
according to the tenour and true meaning of the ensu- 
ing Articles : 

"I. Wherefore it is fully agreed and concluded, by Covenant 
and between the parties, or jurisdictions above named, umon ' 
and they doe joyntly and severally by these presents, 
agree and conclude, That they all be, and henceforth 
be called by the name of, The United Colonies of New 
England. 

"II. Tlie said United Colonies, for themselves and T . ts dura - 
their posterities, doe joyntly and severally hereby enter and'a°ims. C 
into a firm and perpetual league of friendship and. 
amity, for offence and defence, mutuall advice and 
succour, upon all just occasions, both for preserving 
and propagating the truth and liberties of the Gospel, 
and for their own mutuall safety and wellfare. 

"III. It is further agreed, that the plantations which Severalty. 



868 



THE GOVEENMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Mutual de 
pendence 
of the 
colonies. 



The New 
England 
confedera- 
tion, 1643. 



* Rhode 
Island was 
excluded ; 
see ante, 
Part II., 
pages 
34U, 359. 



Charges 
for war, 
their ap- 
portion- 
ment. 



General 
census. 



at present are, or hereafter shall be, settled within the 
limits of the Massachusets, shall be forever under the 
government of the Massachusets ; and shall have pe- 
culiar jurisdiction amongst themselves, as an intire 
body ; and that Plimouth, Connecticut, and New Haven, 
shall each of them, in all respects, have the peculiar 
jurisdiction and government within their limits. And 
in reference to the plantations which already are set- 
tled, or shall hereafter be erected and shall settle within 
any of their limits respectively, provided that no other 
jurisdiction shall hereafter be taken in, as a distinct 
head, or member of this Confederation ; nor shall any 
other either plantation or jurisdiction, in present being,* 
and not already in combination, or under the jurisdic- 
tion of [4,], any of these Confederates, be received by 
any of them ; nor shall any two of these confederates, 
joyn in one jurisdiction, without consent of the rest ; 
which consent to be interpreted as in the sixt ensuing 
Article is expressed. 

" IV. It is also by these confederates agreed, That the 
charge of all just wars, whether offensive or defensive, 
upon what part or member of this Confederation soever 
they fall, shall both in men, provisions, and all other 
disbursements, be borne by all the parts of this Con- 
federation, in different proportions, according to their 
different abilities, in manner following, namely : That 
the commissioners for each jurisdiction, from time to 
time, as there shall be occasion, bring a true account 
and number of all the males in each plantation, or in 
any way belonging to, or under their severall jurisdic- 
tions, of what quality or condition soever they be, 
from sixteen years old, to threescore, being inhabitants 
there. And that according to the different numbers, 
which from time to time shall be found in each juris- 
diction, upon a true and just account ; the service of 
men, and all charges of the war be borne by the poll : 
Each jurisdiction, or plantation, being left to their own 
just course, and custome, of rating themselves, though 



THE UNITED STATES OF AMERICA. 869 

UNDER THE CONFEDERATION. PART IV. 

the Confederation take no notice of any such privilege. Mutual de- 
And that, according to the different charge of each £| n ^g Qce 
jurisdiction, and plantation, the whole advantage of the colonies. 
war, (if it please God so to bless their endeavours,) m , „ 

• ' v x y The New 

whether it be in lands, goods, or persons, shall be pro- England 
portionally divided among the said Confederates. tion 6 i643. 

" V. It is further agreed, That if any of these juris- 
dictions, or any plantation under, or in combination 
with them, be invaded by any enemy whatsoever, upon 
notice, and request of any three magistrates of that 
jurisdiction so invaded; the rest of the confederates, 
without any further meeting or expostulation, shall 
forthwith send ayde to the confederate in danger, but 
in different proportion, namely, Massachusets one hun- 
dred men sufficiently armed and provided for [5] such 
a service, and journey ; And each of the rest five and 
forty men, so armed and provided, or any lesse num- 
ber, if lesse be required, according to the proportion. Provision 
But if such a confederate m^y be supply ed by their j, or f mutual 
next confederate, not exceeding the number hereby 
agreed, they may crave help there, and seek no further 
for the present. The charge to be borne as in this 
Article is expressed. And at their return to be vict- 
ualled, and supplied with powder and shot (if there 
be need) for their journey, by that jurisdiction which 
imployed, or sent them. But none of the jurisdic- 
tions to exceed these numbers, till by a meeting of the 
commissioners for this confederation, a greater ayde 
appear necessary. And this proportion to continue, 
till upon knowledge of the numbers in each jurisdic- 
tion, which shall be brought to the next meeting some 
other proportion be ordered. But in any such case 
of sending men for present ayde, whether before or 
after such order or alteration ; it is agreed that at the 
meeting of the commissioners for this confederation., Inca . se tn © 
the cause of such war, or invasion, be duly considered ; just, no 
and if it appear that the fault lay in the party so in c. ontribu * 
vaded, that then, that jurisdiction, or plantation, make 



870 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Mutual de- just satisfaction, both to the invaders, whom they have 

of "he" 56 m J ured J aucJ - Dear a ^ tne cliai "g' es of the wa-r themselves, 
colonies, without requiring any allowance from the rest of the 
m , >T confederates toward the same. 

The New 

England "And further, if any jurisdiction see any danger of 
tion e 1643*. an invasion approaching, and there be time for a meet- 
ing ; that in such case, three magistrates of that juris- 
diction may summon a meeting, at such convenient 
N . f place, as themselves shall think meet, to consider, and 
approach- provide against the threatened danger. Provided, when 
sion! m ' they are me t> they may remove to what place they please, 
only while any of these four confederates, have but 
three magistrates in their jurisdiction, a request or sum- 
mons, from any two of them, shall be accounted of 
equall force, with the third mentioned in both the 
clauses of this Article, till there be an increase of magis- 
trates there. 
General " VI. [6] It is also agreed, That for the managing 

federal an( j concluding of all affairs proper to, and concerning, 
sioneis. the whole confederation, two commissioners shall be 
chosen by and out of the four jurisdictions, namely, 
Their num- two for the Massachusets , two for Plimoiith, two for 
b uaufi d Connecticut, and two for Neiv-Haven, being all in church 
tions. fellowship with us, which shall bring full power from 
their severall general! courts respectively, to hear, ex- 
amine, weigh, and determine, all affairs of war, or peace, 
leagues, aydes, charges, and numbers of men of war, 
Their pow- division of spoyles ; or whatsoever is gotten by con- 
duties* 1 q uest '■> receiving of more confederates,' or plantations, 
into combination with any of these confederates ; and 
all things of like nature, which are the proper concom- 
itants, or consequences of such a confederation ; for 
amity, offence, and defence, not intermedling with the 
government of any of the jurisdictions, which by the 
third Article is preserved entirely to themselves. But 
if these eight commissioners, when they meet, shall not 
all agree, yet it is concluded, that any six of the eight 
agreeing, shall have power to settle and determine the 



THE UNITED STATES OP AMERICA. 871 

UNDER THE CONFEDERATION. PART IV. 

businesse in question. But if six doe not agree, then Mutual de- 
such propositions, with their reasons, so far as they of n th e e nce 
have been debated, be sent, and referred to the foure colonics, 
generall courts, viz. : the Massachusets, Plimouth, 
Connecticut and New-Haven. And if at all the said England 
generall courts the businesse so referred, be concluded, t i n e i643. 
then to be prosecuted by the confederates, and all their 
members. 

"It is further agreed, That these eight commissioners Federal 
shall meet once every year, besides extraordinary meet- 8i° ™^" t0 
ings, according to the fifth Article, to consider, treat, meet an - 
and conclude of all affaires belonging to this confede-Sept. 
ration, which meeting shall ever be the first Tlmrsday 
in September. And that the next meeting after the 
date of these presents, which shall be accounted the 
second meeting, shall be at Boston in the Massachusets, Place of 
the third at Hartford, the fourth at New-Haven, the mee[f ngs# 
fifth at Plimouth, the sixth and seventh at Boston, and 
then Hartford, New-Haven, and Plimouth, and so in 
course successively. If, in the mean time, some middle 
place be not found out, and agreed on, which may be 
commodious for all the jurisdictions. 

"VII. [7] It is further agreed, That at each meet- May 
ing of these eight commissioners, whether ordinary or ^es^ent 
extraordinary ; they all, or any six of them agreeing as 
before, may choose a president out of themselves, whose 
office and work shall be, to take care, and direct for Hia duties, 
order, and a comely carrying on of all proceedings in 
the present meeting. But he shall be invested with no 
such power or respect, as by which he shall hinder the 
propounding or progresse of any businesse, or any way 
cast the scales, otherwise than in the precedent Article 
is agreed. 

" VIII. It is also agreed, That the commissioners for The com- 
this confederation, hereafter at their meetings, whether ™ devSTa 
ordinary or extraordinary, as they may have commis- general 
sion or opportunity, doe endeavor to frame and estab- CO de. 
lish agreements and orders in generall cases of a civil 



872 



THE GOVEENMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



Mutual de 
pendeuue 

of the 
colonies. 

The New 
England 
confedera- 
tion, 1643 



Fugitives 
from serv- 
ice to be 
delivered 
up. 



Fugitives 
from jus- 
tice also. 



The war- 
making 
power. 



nature, wherein all the plantations are interested, for 
preserving peace amongst themselves, and preventing 
(as much as may be) all occasions of war, or differ- 
ences with others, as about the free and speedy passage 
of justice in each jurisdiction, to all the confederates 
equally as to their own ; receiving those that remove 
from one plantation to another, without due certifi- 
cates ; how all the jurisdictions may carry it towards 
the Indians, that they neither grow insolent nor be 
injured without due satisfaction, least war break in upon 
the confederates through such miscarriages. 

"It is also agreed, That if any servant run away from 
his master, into any other of these confederated juris- 
dictions, that in s\ich case, upon the certificate of one 
of the magistrates in the jurisdiction, out of which the 
said servant fled, or upon other due proof, the said 
servant shall be delivered either to his master, or any 
other that pursues, and brings such certificate or proof. 
And that upon the escape of any prisoner whatsoever, 
or fugitive, for any criminall cause ; whether breaking 
prison, or getting from the officers, or otherwise escap- 
ing ; upon the certificate of two magistrates of the ju- 
risdiction out of which the escape is made, that he was 
a prisoner, or such an offender at the time of the 
escape ; The magistrates, or [8] some of them of that 
jurisdiction, where for the present the said prisoner or 
fugitive abideth, shall forthwith grant such a warrant, 
as the case will bear, for the apprehending any such 
person, and the delivery of him into the hand of the 
officer, or other person who pursueth him. And if help 
be required for the safe returning of any such offender, 
it shall be granted unto him that craves the same, he 
paying the charges thereof. 

" IX. And for that the justest wars may be of danger- 
ous consequence, especially to the smaller plantations 
in these United Colonies : It is agreed that neither the 
Massachusets, Plimouth, Connecticut, nor New Haven, 
nor any of the members of any of them, shall at any 



THE UNITED STATES OP AMERICA. 873 

UNDER THE CONFEDERATION. PART IV. 

time hereafter, begin, undertake, or engage themselves, Mutual de- 
or this confederation, or any part thereof, on any war J| n th ® n J^ 
whatsoever, (sudden exigents with the necessary con-ouies. 
sequences thereof excepted, which are also to be mode- 
rated, as muoh as the case will permit,) without the con- 
sent or agreement of the forenamed commissioners, or 
at least six of them, as in the sixt Article is provided. The New 
And that no charge be required of any of the confed- confedera- 
erates in case of a defensive war, till the said commis- tlOD » 1648 * 
sioners have met, and approved the justice of the war, 
and have agreed upon the sum of money to be levied ; 
which sum is then to be paid by the several confeder- 
ates, in proportion, according to the fourth Article. 

" X. That in extraordinary occasions, when meetings Extraordi* 
are summoned by three magistrates of any jurisdiction, S i 0ns . 
or two as in the fifth Article, if any of the commission- 
ers come not, due warning being given or sent, it is 
agreed, that foure of the commissioners shall have 
power to direct a war which cannot be delayed, and to 
send for due proportions of men, out of each jurisdic- 
tion, as well as six might doe, if all met, but not less 
than six shall determine the justice of the war, or 
allow the demands, or bills of charges, or cause any 
levies to be made*for the same. 

" XI. It is further agreed, that if any of the confed- Breaches 
erates shall hereafter break any of these present Ar- °^ v ^^ 
tides, or be any other way injurious to any one of the how 
other jurisdictions, such breach of agreement, or injury, 
[9] shall be duly considered, and ordered by the com- 
missioners for the other jurisdictions, that both peace 
and this present confederation, may be entirely pre- 
served without violation. 

"Lastly this perpetual confederation and all articles confirma- 
and agreements thereof, being read and seriously tl ° n a . nd 
considered, both by the generall court for the Massa- 
chusets, and by the commissioners for Plimouth, Con- 
necticut, and New Haven, were presently and fully 
allowed and confirmed by three of the forenamed con- 



874 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Mutual de- federates, namely, the Massaclmsets, Connecticut, and 
ofthe n col- Ne w Haven: In testimony whereof, the generall 
onies. court of the Massaclmsets, by their secretary ; and the 
commissioners for Connecticut and New Haven, sub- 
^ecuted scrm ed them the 19 day of the third rao*th, commonly 
by Mass., called May, Anno Domini 1643. 

cut, and " Only the commissioners from Plimouth, having 
New Ha- brought no commission to conclude, desired respite to 

ven, May . ' J 

19, 1643. advise with their generall court, which was granted ; 
and at the second meeting of the Commissioners for 
the Confederation, held at Boston in September follow- 
Further ing, the commissioners for the jurisdiction of Plim- 
to m piym- en ° u th> delivered in an Order of their generall court, 
outh. dated the 29 of August, 1649, by which it appeared 
that these Articles of Confederation were read, ap- 
proved, and confirmed, by the said court, and all their 
townships, and their commissioners authorized to rati- 
Ratifiedbyfie them by their subscriptions, which they accordingly 
oith!* did, the 7 day of September, 1643."* 



Plan for a Again while a Convention, composed of delegates 

general . 

union of from the several colonies, was sitting at Albany, for the 
the colo- p Ur p 0se f conferring with the Five Nations of Indians, 

nies pro- . . 

posed at with a view to form an alliance with them, in order 
ll&L^ m more effectually to resist the encroachments and inva- 
sions of the French ; they at the same time devised the 
plan of a general union, of the colonies. The dele- 
gates from Maryland, Pennsylvania, Connecticut, Rhode 
Island, Massachusetts, and New Hampshire, with the 
lieutenant-governor and council of New York, ap- 
pointed a committee of one member from each colony 

* These Articles are transcribed from a copy of the first printed edition 
of the laws, &c, of New Haven, published for the use of that colony in 
London, 1656; which may be found in that excellent and valuable com- 
pilation of "Records of the Colony or Jurisdiction of New Haven from 
May, 1653, to the Union with Connecticut," by Charles J. Hoadley, Esq., 
the present State Librarian of the State of Connecticut. 



THE UNITED STATES OP AMERICA. 875 



UNDER THE CONFEDERATION. PART IV 



to draft a plan for this purpose. The following was Mutual de- 
reported and adopted by the convention : p ^ n t u enc0 i 

onies. 
PLAN FOR A COLONIAL UNION, 1754. 

" It is proposed that humble application be made for 
an act of parliament of Great Britain, by virtue of which 
one general government may be formed in America, Plan for a 
including all the colonies ; within and under which unionof 
government each colony may retain its present consti- tbe col ° 

, . . . . uies pro- 

tution, except m the particulars wherein a change may posed at 
be directed by the said act as hereinafter follows. rtu y m 

I. That the said general government be administered 
by a president-general, to be appointed and supported 
by the crown ; and a grand council to be chosen by the 
representatives of the people of the several colonies, 
met in their assemblies. 

II. That within months after passing such 

act, the houses of representatives that happen to be sit- 
ting within that time, or that shall be especially for 
that purpose convened, may and shall choose members 
for the grand council in the following proportion, that 
is to say ; Massachusetts Bay, 7. New Hampshire, 2. 
Connecticut, 5. Rhode Island, 2. New York, 4. 
New Jersey, 3. Pennsylvania, 6. Maryland, 4. Vir- 
ginia, 7. North Carolina, 4. South Carolina, 4. Total, 
48. 

III. The grand council shall meet for the first time 
at the city of Philadelphia, in Pennsylvania, being 
called by the president-general as soon as conveniently 
may be after his appointment. 

IV. That there shall be a new election of the mem- 
bers of the grand council every three years ; and that 
on the death or resignation of any member, his place 
shall be supplied by a new choice at the next sitting of 
the assemblies of the colony he represented. 

V. That after the first three years, when the propor- 
tion of money arising out of each colony to the gen- 
eral treasury can be known, the number of membei 



876 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Mutual de- to be chosen for each colony shall, from time to time' 

of "theTcol- m a ^ ensuing elections, be regulated by that propor- 

onies. tion ; yet so as that the number to be chosen by any 

one province be not more than seven, nor less than two. 

VI. That the grand council shall meet once in every 
year, and oftener if occasion requires, at such time and 

Plan for a place as they shall adjourn to at the last preceding 
uniouof meeting, or as they shall be called to meet at by the 
the colo- president-general, on any emergency ; he having first 
posed at obtained in writing the consent of seven of the mem- 
P75-i ny m kers to suca ca ^5 an d sen * due an< ^ timely notice to the 
whole. 

VII. That the grand council have power to choose 
their speaker, and shall neither be dissolved, pro- 
rogued, nor continued sitting longer than six weeks at 
one time ; without their own consent, or the special 
command of the crown. 

VIII. That the members of the grand council shall 
be allowed for their services ten shillings sterling per 
diem, during their session, and journey to and from 
the place of meeting ; twenty miles to be reckoned a 
day's journey. 

IX. That the assent of the president-general be re- 
quisite to all acts of the grand council ; and that it be 
his office and duty to cause them to be carried into exe- 
cution. 

X. That the president-general, with the advice of 
the grand council, hold or direct all Indian treaties 
in which 'the general interest of the colonies may be 
concerned ; and make peace or declare war with Indian 
nations. 

XI. That they make such laws as they judge neces- 
sary for regulating all Indian trade. 

XII. That they make all purchases from the Indians 
for the crown, of lands not now within the bounds of 
particular colonies ; or that shall not be within their 
bounds, when some of them are reduced to more con- 
venient dimensions. 



THE UNITED STATES OF AMERICA. 877 

UNDER THE CONFEDERATION. PART IV. 

XIII. That they make new settlements on such pur- Mutual de- 
chases, by granting lands in the king's name, reserving ^"^^ 
a quit-rent to the crown, for the use of the general oui es. 
treasury. 

XIV. That they make laws for regulating and gov- 
erning such new settlements, until the crown shall 
think fit to form them into particular governments. 

XV. That they raise and pay soldiers, build forts for 
the defence of any of the colonies, and equip vessels 
of force to guard the coasts and protect the trade on 
the ocean, lakes, or great rivers ; but they shall not 
impress men in any colony, without the consent of the 
legislature. 

XVI. That for these purposes they have power to Plan for a 
make laws, and lay and levy such general duties, im-^j 16 ™^ 
posts, or taxes, as to them shall appear most equal and the colo- 
just, (considering the ability and other circumstances p^edat" 
of the inhabitants in the several colonies,) and such as Al, ™ny in 

1754. 

may be collected with the least inconvenience to the 
people ; rather discouraging luxury, than loading in- 
dustry with unnecessary burdens. 

XVII. That they may appoint a general treasurer 
and particular treasurer in each government, when 
necessary ; and from time to time may order the sums 
in the treasuries of each government into the general 
treasury, or draw on them for special payments, as they 
find most convenient. 

XVIII. Yet no money to issue but by joint orders 
of the president-general and grand council, except 
where sums have been appropriated to particular pur- 
poses, and the president-general has been previously 
empowered, by any act, to draw for such sums. 

XIX. That the general accounts shall be yearly set- 
tled and reported to the several assemblies. 

XX. That a quorum of the grand council, empow- 
ered to act with the president-general, do consist of 
twenty-five members ; among whom there shall be one 
or more from the majority of the colonies. 



878 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Mutual de- XXI. That the laws made by them for the purposes 
p ^^ ence j aforesaid, shall not be repugnant, but, as near as may 
onies. be, agreeable to the laws of England, and shall be 
transmitted to the King in Council, for approbation, as 
soon as may be after their passing ; and if not disap- 
proved within three years after presentation, to remain 
in force. 

XXII. That in case of the death of the president- 
general, the speaker of the grand council for the time 
being shall succeed, and be vested with the same pow- 
ers and authorities, to continue until the king's pleas- 
ure be known. 

XXIII. That all military commission officers, wheth- 
Plan for a er f° r l an d or sea service, to act under this general 

general constitution, shall be nominated by the president-gen- 
union of , , „ , .. .... 

the colo- eral ; but the approbation of the grand council is to 

Tsed'at ^ e obtained before they receive their commissions. 

Albany, And all civil officers are to be nominated by the grand 
council, and to receive the president-general's approba- 
tion before they officiate. 

XXIV. But in case of vacancy, by death, or removal 
of any officer, civil or military, under this constitution, 
the governor of the province in which such vacancy 
happens, may appoint until the pleasure of the presi- 
dent-general and grand council can be known. 

XXV. That the particular military as well as civil 
establishments, in each colony, remain in their present 
state, the general constitution notwithstanding; and 
that on sudden emergencies any colony may defend 
itself, and lay the accounts of expense thence arising 
before the president-general and grand council, who 
may allow and order payment of the same as far as 

Archives, they judge such accounts reasonable."* 



Objections This plan of union, though earnestly proposed, was 
never sanctioned. It was objected to in England as 
hazardous to the supremacy of the mother country, 
and in America as conceding too much power to the 



THE UNITED STATES OP AMERICA. 879 

UNDER THE CONFEDERATION. PART IV. 

crown and parliament of Great Britain. I refer to Mutual de- 
these records of colonial history, simply as indicating JJ "J^coi- 
the sentiments of the several colonies respecting theories, 
nature and the necessity of their dependence upon each 
other ; and as demonstrating the fact, that they had at 
all times felt and understood that their mutual inter- 
ests and safety could be truly and effectually secured 
and promoted only by their general union. This is 
also clearly illustrated in all their subsequent history. 
It was by their union that they had interposed the most 
formidable and effective resistance to the encroach- 
ments of parliament, and the aggressions of the crown. 
Without this, all their aims and efforts to procure a 
redress of their grievances would have been wholly 
wasted. To dissolve their union, to destroy the har- 
mony of their general associations, and to set them in 
hostile array against each other, was the desire, and 
had long been the persevering aim, of the ministry of 
Great Britain. Their past history, therefore ; the 
causes which had brought about the revolution ; the See Part 
necessities which compelled the declaration of their 53 g' ^ 
independence; and the very circumstances under and 562, 
which that independence was declared; had origina- 
ted, and combined to establish between them, ties of 
political relationship, of mutual reliance or depend- 
ence, which could not thereafter with reason, justice, 
or propriety, be called in question. It was collectively 
that they had declared themselves an independent na- 
tion ; and as one great nation, inseparably united, they 
pledged themselves to one another, and to mankind, to The com- 
achicve and to maintain a national independence. It {^onaHnde- 

would have been a violation of this solemn pledge, and pendency, 

1*776 
of the faith with which they had encouraged the whole 

American people not only, but also the whole world, to 
confide in this pledge, had any one of them thereafter 
departed from its provisions. The compact of inde- 
pendency was a compact of nationality made with 
human nature with the whole family of man upon 



880 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



The mu- 
tual de- 
pendence 
of the col 
onies ne- 
cessitated 
their 
union. 



See ante, 
p. 750. 



See ante, 
pp. 675, 
686. 



Further 
necessity 
of their 



earth. It was in this their national capacity, compre- 
hended under the designation of United States, that 
they procured a treaty of amity and alliance with 
France ; that they secured the sympathy and friend- 
ship of other nations ; that they obtained loans to 
carry on the war. It was in this capacity that their 
union received the sacred and irrevocable seal of per- 
petuity under the Confederation. The very terms upon 
which the unoccupied lands claimed by the several col- 
onies were ceded to the United States, so called, are 
evidence of their sense of mutual dependence, as well 
as their conviction of the necessity and importance of 
their perpetual and indissoluble union. New York 
granted her western territory on the express condition 
and reservation, that it should be held and appropriated 
for the use and benefit of such states as should become 
members of the proposed perpetual federal alliance, 
and for no other use or purpose whatsoever . Suppose 
this alliance to have ceased, to have lost its character 
of perpetuity ; suppose the union to have been dis- 
solved ; would not the title to these territories revert 
again to the state of New York ? Would not the same 
be true of the lands ceded by Virginia ? Or by Massa- 
chusetts ? Or by Connecticut ? Or by any other of 
the original colonies ? It was under the conviction, 
and in the capacity, of their perpetual union alone, 
that these cessions were made. It was under this con- 
viction that their independency was acknowledged by 
the crown, and parliament, and people of Great Brit- 
ain. They averred its character of perpetuity, and the 
necessity of it, in all their deliberations on the Confed- 
eration, and in their credentials of authority to their 
delegates in congress to ratify the same. 

Hence it was essential to the preservation of their 
faith at home, their integrity abroad, their respectabil- 
ity everywhere ; aye, to their very existence as an inde- 
pendent nation, that they should continue united. To 
perpetuate their union, as well as to establish their 



THE UNITED STATES OF AMERICA. 881 

UNDER THE CONFEDERATION. PART IV. 

nationality, it was also essential that they should erect Defects of 
a national government. And it was equally essential l ^ct'of^th 
that that government should possess all the attributes confedera- 
and prerogatives of sovereignty, within the sphere over 
which its administration was to operate. Consequen- The neces- 
tial to their union and this necessity, was produced the s ! t y°, fana ~ 

* ? r tional sov- 

singular anomaly of the constituent parts of a nation.ereignty. 
brought into competition with the nation itself, for 
these abeyant powers of sovereignty. 

Hence the very ground of controversy, as I have state sov- 
before remarked, which poisoned the provisions of the erel g nt y, 

' r r conferred 

compact of the confederation, and rendered it wholly by the con- 
incompetent to the ends and the uses it was intended ederatlon - 
to accomplish. It was the reservation, (if powers 
which they never possessed could be said to be re- 
served,) it was rather the conveyance to the states in 
severalty, of those powers of sovereignty which did 
belong, and must necessarily belong, and which ought 
to have been admitted to belong, to the general gov- 
ernment however designated, which rendered it a life- 
less and inefficient organization. It was like the spirit 
breathing in a paralyzed and helpless frame. The 
essentials which constituted an animate being were 
there, while the power which alone rendered them use- 
ful or available was taken away. The political sover- 
eignty of the general administration was acknowledged, 
and a supremacy of power inherent in its existence as 
an independent national element, was admitted, while 
at the same time the states were clothed, each one by 
itself respectively, with the very powers which were a 
component part of the attributes of sovereignty and 
independence. 

Hence, again, it resulted that the powers reserved toConse- 
the Congress under the Confederation, were merely J h u e en c c e ^ of 
declaratory. It was simply a legislative administra- ce33i ° n - 
tion. It was without the authority requisite to carry 
into full or effective operation any measure which it 
might deem necessary for the general good. It must 
56 



882 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Defects of resort to the states, severally and respectively, for their 
the com- approbation of its measures. Independently of a 
confedera- concurrent and harmonious action of the state legisla- 
tures, it could not exercise any executive powers. In 
other words, it was a government whose executive 
authority was vested in thirteen states, each claiming 
to be an independent and exclusive sovereignty, and 
with either of which a variety of construction, of local 
interests, or of sectional rivalry, might operate to pro- 
duce embarrassment, if not open hostility to its ordi- 
nances. 

True, congress was invested with power to originate, 
to recommend, and in some instances to adopt, but this 
availed nothing where there were so many considera- 
tions to justify a non-compliance, and to create a dif- 
ference of opinion even, on the part of those to whom 
it must look to give life and efficiency to its ordinances 
Originated and enactments. Such differences of opinion might, 
m . /"T'and in practice did, exist in perfect consistency with 
conceded the purest patriotism and the best intentions in the sev- 
etates.* era ^ states. Each yielding to the persuasions of imme- 
diate and local advantage, might naturally enough feel 
itself justified in disregarding the enactments of the 
general government, or give to them a construction 
equally destructive of their aim. 

Thus congress was reduced to the mere pageantry of 
power. It might pass laws, but it could not compel 
their observance. No authority was expressly reserved 
to enforce obedience to its mandates ; and such power 
could not be implied, while each state claimed for itself 
the exercise of every power, right, and jurisdiction, not 
expressly delegated to congress. The necessary and 
unavoidable result was, that its enactments were a nul- 
lity, alike disregarded by the states and set at nought 
by individuals. Each and every one complied or re- 
fused compliance, as interest or feeling prompted, and 
no transgressor apprehended any dangerous or fearful 



THE UNITED STATES OP AMERICA. 883 



UNDEK THE CONFEDERATION. PART. IV. 



consequences from a body which had no power to pun- Defects of 
ish, whose sovereignty was, vox et preterea nihil. ^aVTth 

Another serious defect in the system established by confedera- 
the compact of the confederation was, that there was 
no power in the congress, or the general government, Deficiency 
to provide a revenue to meet its current expenses. It ° n congress 
could ascertain what sums were necessary to be raised t0 provide 
for this purpose, and designate the proportion to come 
from each state ; but the power to levy and collect the 
same was expressly given to the states. It is impossi- 
ble for us, at this day, to understand all the mischiefs 
which resulted from this part of the system during the 
war. To know them in their full and thrilling reality 
we must make ourselves familiar with all the thousand 
details of the revolutionary struggle. Had not the 
Congress resorted to foreign laws, that revolution might, 
perhaps, never have been accomplished. 

"The principal powers of the general government Summary 
under the Confederation," says Justice Story, " respect- g[ ^ stlce 
ed the operations of war, and would be dormant in 
time of peace. In short, congress, in peace was pos- 
sessed of but a delusive and shadowy sovereignty, with 
little more than the empty pageantry of office. They 
were indeed clothed with the power of sending and 
receiving ambassadors, and entering into treaties and 
alliances ; of appointing courts for the trial of felonies 
and piracies on the high seas, and of regulating the 
public coin, of fixing the standard of weights and meas- 
ures, of regulating post-offices, of borrowing money 
and emitting bills on the credit of the United States, 
of ascertaining and appropriating the sums necessary 
for defraying the public expenses, and of disposing of 
the western territory ; and most of these powers re- 
quired the assent of nine states. But it possessed not 
the power to raise any revenue, to levy any tax, to 
enforce any law, to secure any right, to regulate any 
trade, or even the poor prerogative of commanding 
means to pay its own ministers at a foreign court. 



884 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Defects of They could contract debts, but were without the means 
pactfonhe to discharge them. They could pledge the public 
confedera- faith, but they were incapable of redeeming it. They 
could enter into treaties, but. every state in the union 
could disobey them with impunity. They could con- 
stitute courts for piracies and felonies on the high seas, 
but they had no means to pay either the judges or the 
jurors. In a word, all powers which did not execute 
themselves, were at the mercy of the states, and might 
be trampled upon at will and with impunity." 
Expression In the more summary and expressive language of 
j ay y n John Jay, "they might declare everything, and do 
nothing." 

" The United States, under the Confederation," says 
The Federalist, " have an indefinite discretion to make 
requisitions for men and money ; but they have no au- 
thority to raise either, by regulations extending to the 
individuals of America. The consequence of this is, 
By the that though in theory their resolutions concerning 
Federalist, these objects are laws constitutionally binding on the 
members of the union ; yet, in practice, they are mere 
recommendations, which every state may observe or 
disregard at its option." 

And again, says the same authority, " the concur- 
rence of thirteen distinct sovereignties is requisite, 
under the Confederation, to the complete execution of 
every important measure which proceeds from the 
union ; and congress at this time scarcely possesses the 
means of keeping up the powers of administration till 
the states can have time to agree upon a more substan- 
tial substitute for the present shadow of a federal gov- 
ernment." 
Chief " A government," says Chief Justice Marshall, " au- 

M USt 'h e n thorized to declare war, but relying on independent 
states for the means of prosecuting it : capable of con- 
tracting debts, and of pledging the public faith for 
their payment, but dependent on thirteen distinct sov- 
ereignties for the preservation of that faith, could only 



THE UNITED STATES OF AMERICA. 885 

UNDER THE CONFEDERATION. PART IV. 

be saved from ignominy and contempt by finding those Defects of 
sovereignties administered by men exempt from the 111600 " 1 " 
passions incident to human nature." confedera- 

These citations, while they pourtray the radical tlon ' 
errors existing in the compact of the confederation, 
serve also to illustrate the causes which made that sys- 
tem of administration such as it was, and which ren- 
dered it so feeble and so defective : I repeat again, it 
was the controversy which arose between the several 
colonies, or states, and the general government sought 
to be established, as to the general powers of sover- 
eignty. And why this controversy ? There was no 
such thing as independent state sovereignty outside of 
the provisions of the Confederation. There was no such 
thing as a state organization before the declaration of 
independence : And there never was any such thing 
in America as an independent colonial sovereignty. The idea 
Whence, then, originated this idea of sovereignty in the of state 

' ° o j sovereign- 

State independent of the compact for their general ty, whence 

union? And upon what is it based? It was their 011 S mae • 
compact of union alone, incomplete as it may have been 
before the confederation, which transformed the Brit- 
ish provinces in America from a state of colonial vas- 
salage to the condition of independency and freedom. 
Not a special, subdivided, or several independency, but 
an independency based upon the specific and substan- 
tial idea of national unity. The truth is, that this idea 
of exclusive state sovereignty was originally the sug- 
gestion of the enemies of freedom in America, to pre- 
vent, if possible, the compact of permanent union under See ante, 
the Confederation : It was the artful invention of the 739^40. ' 
ministerial power in England to destroy the harmoni- 
ous union of the states during their transition from a 
state of vassalage to one of independency. I have 
shown how it embarrassed and delayed the ratification 
of the articles of confederation in the several colonies: 
And we now see how, while the states claimed for them- 
selves those prerogatives, and aimed to restrict the 



886 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THK PERMANENT UNION 



Defects of powers of the national administration, a government 
pactof Uic was crcc tcd whose executive authority was dependent 
confedera- on their will and deliberations. 



tion. 



State sov- 
ereignty 
and the 
general 
govern- 
ment. 



* Marshall 

Story, 

Kent. 



The sum- 
mary. 



If we could suppose it to operate at all, such a gov- 
ernment must necessarily experience great embarrass- 
ment in its operations. For could we suppose the 
unanimous consent of these several bodies to its enact- 
ments, that each was ready and eager promptly to execute 
them, it would yet be long before the ordinary forms 
of their administration could bring to its aid the most 
needful requisitions ; and promptitude, especially in the 
then circumstances of the nation, was essential to the 
successful termination of its measures. But this is sup- 
posing what it was impossible, in the natural courso 
of things, could exist, where there was so much occa- 
sion for diversity. It could not be expected, where the 
several states were liable to be swayed each by its 
respective sectional aims, or by political rivalry, that 
unanimity would prevail, or that a government so de- 
pendent could be preserved. Experience had proved 
its fearful inefficiency during the war of the revolution ; 
and after peace was proclaimed and established ; after 
the perplexities and anxieties, and more pressing senso 
of mutual dependence incident to the war, were allayed ; 
after the primary object of their union was accom- 
plished, and the power of the crown was wholly exter- 
minated ; after their independence was definitely con- 
ceded by the parent state ; the states were ready with 
1 plausible pretexts for evading the requisitions of con- 
gress.* 

The accumulating difficulties originating under such 
a system of administration, and the consequently 
increasing embarrassments of the general government, 
if it could be called such, left scarcely a vestige of hope 
that it could long be respected or preserved. Tho 
treasury, which was never full, was now entirely ex- 
hausted ; and the responsibilities were constantly mul- 
tiplying, while the public faith was gone, of a nation, 



THE UNITED STATES OP AMERICA. 887 

UNDER THE CONFEDERATION. PART IV. 

still struggling for independence, and burthcned with Defects of 
a debt of $42,000,375, the annual interest of which the f c< TV 

7 7 7 pact of the 

was 12,415,956; which consisted chiefly of loans ob- confedera- 

tained from France and Holland ; and the remainder 

from its own citizens, who had also periled their lives, 

and poured out their blood, and nobly fought for its 

redemption. 

Yet few seem to have been moved by these alarming 
symptoms of ruin and decay which were rapidly devel- 
oping around them. The earliest suggestion which 
was made of the inefficiency of the compact of the con- 
federation as an instrument of government, emanated 
from the legislature of New York, in July, 1782, New-York 
almost as soon as it had any being. Concurrent resolu- f|| g ? est i 
tions were introduced in the senate of that state, bydencyof 
General Schuyler, and passed both houses, wherein it cr aUoa ° * 
was declared, that " the radical source of most of the Jul 7» 1^82. 
existing embarrassments, was the want of sufficient 
power in congress ; that the confederation was defect- 
ive in several important points ; and particularly in not 
vesting the federal government, either with a power of 
providing a revenue for itself, or with ascertained and 
productive funds ; that its defects could not be re- 
paired, nor the powers of congress extended, by partial 
deliberations of the states separately ; and that it was 
advisable to propose to congress to recommend, and to 
each state to adopt, the measure of assembling a gen- 
eral convention of the states, specially authorized to revise 
and amend the articles of confederation." 

This was followed by a resolution of the congress, Resolution 

wherein it was declared, " that it is the opinion of con- of con g resa 
7 l upon the 

gress, that the establishment of permanent and ade-sugges- 
quate funds on taxes or duties, which shall operate New-York 
generally, and on the whole in just proportion, through- Fcb - ^th, 
out the United States, are indispensably necessary 
towards doing complete justice to the public creditors ; 
for restoring public credit ; and for providing for the 
further exigencies of the war." 



888 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Defects of Subsequently to this a resolution was passed, " that 

»wt«fthe ** be recommended to the several states, as indispensa- 

eonfedera- bly necessary to the restoration of public credit, and to 

the punctual and honorable discharge of the public 

debts, to invest the United States in Congress assembled, 

with a power to levy for the use of the United States, 

the following duties upon goods imported into the said 

states from any foreign port, island, or plantation, viz. : 

Upon all rum of Jamaica proof, per gal., 4-90thsof a doll. 

Upon all other spirituous liquors, 

Upon Madeira wine, 

Upon all other wines, . 

A system Upon common Bohea tea, per lb., 

of general u p011 a n other teas, . 

revenue * 

proposed Upon pepper, per lb., 

stales" by U P 011 br0W11 SU S ar > P br lb «> • 

congress, Upon loaf sugar, . 
1783. ' Upon all other sugars, 

Upon molasses, per gallon, 
Upon cocoa and coffee, per lb., 

" Upon all other goods, a duty of jive per ct. ad valo- 
rem, at the time and place of importation : 
Duration " These articles to continue for twenty-five years ; 
priatkm of an( ^ * ne revenue thence accruing to be applied, solely 
this reve- an d exclusively, to the payment of the principal and 
interest of the public debt. The collectors to be ap- 
pointed by the states, but to be amenable to and re- 
movable by congress alone." 
Permanent It was further " recommended to the several states to 
Som on establish, for a term limited to twenty-five years, and to 
the states, appropriate to the discharge of the interest and princi- 
pal of the debts contracted by the United States for 
supporting the war, substantial and effectual revenues 
of such nature as they may judge most convenient, for 
supplying their respective proportions of one million five 
hundred thousand dollars annually, exclusive of the 
afore-mentioned duties ; which proportion shall be fixed 
and equalized, from time to time, according to the rule 
which is or may be, prescribed by the articles of con- 



3-90ths 


do. 


12-90ths 


do. 


6-90ths 


do. 


6-90ths 


do. 


24-90ths 


do. 


3-90ths 


do. 


|-90th 


do. 


2-90ths 


do. 


l-90th 


do. 


l-90th 


do. 


l-90th 


do. 



THE UNITED STATES OP AMERICA. 889 

UNDER THE CONFEDERATION. PART IV. 

federation : And in case the revenues established by any Defects of 
state, shall at any time yield a sum exceeding its actual pac t f the 
proportion, the excess shall be refunded to it : And in confederal 
case the revenues of any state shall be found to be defi- 
cient, the immediate deficiency shall be made up by System of 

ETC II 6 Til 

such state with as little delay as possible ; and a future reV enue 
deficiency guarded against by an enlargement of the P r °P° s ed 

tO LOG 

revenues established. Provided, that until the rule of states by 
the Confederation can be carried into practice, the pro- A ° p n r fi r i8 S th 
portions of the said 1,500,000 dollars _shall be as fol- 1783. 
lows, viz. : 
New-Hampshire, .... $52,708 Apportion- 

99J. A07 ment on 
&&*.&.&{ the states. 

Rhode Island, • • • 

Connecticut, . • 

New-York, . . . 

New-Jersey, . . . 

Pennsylvania, . . . 

Delaware, . . . 

Maryland, .... 



32,318 
132,091 
128,243 

83,358 
205,189 

22,443 
141,517 
256,487 
109,006 

96,183 



Virginia, 

North-Carolina, 

South-Carolina, 

Georgia, ..... 16,030 

" The said last-mentioned revenues to be collected 
by persons appointed as aforesaid, but to be carried to 
the separate credit of the states within which they shall 
be collected, and an annual account thereof rendered. 
That none of the preceding resolutions shall take effect 
until all of them shall be acceded to by every state ; after 
which unanimous accessions, however, they shall be 
considered as forming a mutual compact among all the 
states, and shall be irrevocable by any one or more of 
them without the concurrence of the whole, or of a ma- 
jority of the United States in Congress assembled," and The ces- 

" That as a further means, as well of hastening the western 
extinguishment of the debts, as of establishing the har- lands « 
niony of the United States, it be recommended to the 



890 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Defects of states, which have passed no acts towards complying 
Sict C o?the witn tlie resolutions of congress of the sixth of Sep- 
confedera- tember and tenth of October, 1780, relative to the ces- 
sion of territorial claims, to make the liberal cessions 
See ante, therein recommended ; and to the states which may 
752 G 754 ' nave passed acts complying with the said resolutions in 
and part p ar t only, to revise and complete such compliance." 

These resolutions were accompanied with another, 
proposing to the states an amendment of the eighth of 
the articles of confederation, so as to establish a more 
convenient and certain rule of ascertaining the propor- 
tions to be supplied by the states respectively to the 
common treasury. 

These resolutions were also accompanied by an address 
prepared by a committee consisting of Mr. Madison, 
Mr. Ellsworth, and Mr. Hamilton, which was by them 
reported to Congress on the twenty-sixth of April, 
1783. This address so fully sets forth the condition of 
public affairs at this time, and so well illustrates the 
defects in the confederation, that I deem it essential to 
my purpose to insert it entire. 

" Address to the States, by the United States in 
Congress assembled. 
Address of "The prospect which has for some time existed, and 
to G the S A which is now happily realized, of a successful termination 
States, on f the war, together with the critical exigencies of public 
fa U irs' C A a pr- affairs, have made it the duty of Congress to review 
26th, 1783. an( j provide f or the debts which the war has left upon 

See ante, ? 

page 729, the United States, and to look forward to the means 
of obviating dangers which may interrupt the harmony 
and tranquillity of the Confederacy. The result of 
their mature and solemn deliberations on these great 
objects, is contained in their several recommendations 
of the eighteenth inst., herewith transmitted. Al- 
though these recommendations speak themselves the 
principles on which they are founded, as well as the 
ends which they propose, it will not be improper to 



THE UNITED STATES OP AMERICA. 891 



UNDER THE CONFEDERATION. PART IV. 

enter into a few explanations and remarks, in order to Defects of 
place in a stronger view the necessity of complying p 1 ^ t c °" 1 t " he 

with them. confedera- 

" The first measure recommended is, effectual provision 
for the debts of the United States. The amount of Address of 
these debts, as far as they can now be ascertained, is t0 t h e " 
$42,000,375, as will appear by the schedule STo. 3L-* B SS?^3? 
To discharge the principal of this aggregate debt at fairs, Apr. 

_ 26th, 1783. 

* Paper No. 1. An estimate of the National Debt. 

Livres. Dollars. 
Due to the Farmers General of France, 1,000,000 

To individuals in France on unliquidated ac- 
counts, estimated, . . . 8,000,000 
To the Crown of France, including a Loan of 
10,000,000 borrowed in Holland, and for 
which France is guarantee, . . 28,000,000 
To ditto, a Loan for 1783, . . 6,000,000 

38,000,000 
At 5 livres, 8 sous per dollar, . . . $7,037,037 

To lenders in Holland, received in part of 
the Loan contracted for by Mr. J. Adams, 

1,678,000 florins, ..... 671,200 

Borrowed in Spain, by Mr. Jay, . . . 160,000 

One year's interest of Dutch Loan of 10,- 

000,000 livres, ..... 26,848 

Foreign Debt, 1st January, 1783, . . $7,885,085 

DOMESTIC DEBT. 

On Loan Office certificates, reduced to specie value, $11 ,463,802 



Interest unpaid for 1781, 

Ditto, " 1782, . 

Credit to sundries in Treasury Books, 

Army Debt to 31st December, 1782, 

Unliquidated Debt, estimated at 

Commutation to the Army agreeable to the act of 

22d March last, . 
Bounty due Privates, 
Deficiencies in 1783, suppose . 

Total Debt, 



190,000 

687,828 

638,042 
5,635,618 
8,000,000 

5,000,000 
500,000 
2,000,000 34,115,290 



$42,000,375 



ANNUAL INTEREST ON DEBT. 

On the Foreign Debt, part 4, and part 5 per ct., $369,038.6 

On the Domestic Debt, at 6 per ct., 2,046,917.4— $2,415,956 See p. 730. 



892 THE GOVERNMENTAL HISTORY OP 

Fart IV. the permanent union 

Defects of once, or in any short period, is evidently not within 
* actTf'the * ne compass of our resources ; and even if it could be 
eonfedera- accomplished, the ease of the community would require 
that the debt itself should be left to a course of grad- 
Address of lia l extinguishment, and certain funds be provided for 
the U.S. A. paying , in the mean time, the annual interest. The 

to the l J to ' ' . 

States, on amount of the annual interest, as will appear by the 

feir S lM AOT. P a P er last referred to, is computed to be $2,415,956 

26th, 1783. dollars. Funds, therefore, which will certainly and 

punctually produce this annual sum at least, must be 

provided. 

"In devising' these funds, congress did not overlook 
the mode of supplying the common treasury provided 
by the Articles of Confederation. But after the most 
respectful consideration of that mode, they were con- 
Mode strained to regard it as inadequate and inapplicable to 
adopted ^he f orm into which the public debt must be thrown. 

by the . . .' , 

eonfedera- The delays and uncertainties incident to a revenue to 
fective" ^e established and collected from time to time by thir- 
teen independent authorities, is at first view irrecon- 
cilable with the punctuality essential in the discharge 
of the interest of a national debt. Our own experience, 
after making every allowance for transient impedi- 
ments, has been a sufficient illustration of this truth. 
Some departure, therefore, in the recommendations of 
congress, from the federal constitution, was unavoid- 
able ; but it will be found to be as small as could be 
reconciled with the object in view, and to be supported 
besides by solid considerations of interest and sound 
policy. 
The pro- " The fund which presented itself on this, as it did on 
posed sys- a former occasion, was a tax on imports. The reasons 
revenue, which recommended this branch of revenue have here- 
tofore been stated in an act of which a copy (No. 2*) 
is now forwarded, and need not be here repeated. It 
*See post, will suffice to recapitulate, that taxes on consumption 
page 902. are always least burdensome, because they are least 
felt, and are borne, too, by those who are both willing 



THE UNITED STATES OF AMERICA. 893 

UNDER THE CONFEDERATION. PART IV. 

and able to pay them : That, of all taxes on consump- Defects of 
tion, those on foreign commerce are most compatible pac^oftfi 
with the genius and policy of free states: That from coafedei* 
the relative positions of some of the more commercial 
states, it will be impossible to bring this essential re- Address of 
source into use without a concerted uniformity : That to e the 
this uniformity cannot be concerted through any chan- States, on 
nel so properly as through congress, nor for any pur- fairs, Apr. 
pose so aptly as for paying the debts of a revolution 26th » 1783, 
from which an unbounded freedom has accrued to 
commerce. 

u ln renewing this proposition to the states, we haveD urat i on 
not been unmindful of the objections which heretofore of the 

-I system. 

frustrated the unanimous adoption of it. We have 
limited the duration of the revenue to the term of 
twenty-five years ; and we have left to the states them- 
selves the appointment of the officers who are to collect 
it. If the strict maxims of natural credit alone were 
to be consulted, the revenue ought manifestly to be 
co-existent with the object of it, and the collection 
placed in every respect under that authority which is 
to dispense the former, and is responsible for the latter. 
These relaxations will, we trust, be regarded on one 
hand as the effect of a disposition in congress to attend 
at all times to the sentiments of those whom they 
serve ; and on the other hand, as a proof of their anx- 
ious desire that provision may be made in some way or 
other for an honorable and just fulfillment of the en- * 
gagements which they have formed. 

"To render this fund as productive as possible, and Adjust 
at the same time to narrow the room for collusions and duties'* 
frauds, it has been judged an improvement of the plan, 
to recommend a liberal duty on such articles as are 
most susceptible of a tax according to their quantity, 
and arc of most equal and general consumption ; leav- 
ing all other articles, as heretofore proposed, to be 
taxed according to their value. 

" The amount of this fund is computed to be 915,956 Amount. 



894 THE GOVERNMENTAL HISTORY OP 



Part IV. the permanent union 



Defects of dollars. The estimates on which the computation is 

* act^of'the made are detailed in P a P er No - 3 -* Accuracy in the 

c.onfedera- first essay on so complex and fluctuating a subject, is 

tl0n ' not to be expected. It is presumed to be as near the 

Address of truth as the defect of proper materials would admit. 

to e the S * A ' " The residue °f the computed interest is 11,500,000, 

States, on and is referred to the states to be provided for by such 

feirs^Apr. funds as they may judge most convenient. Here again 

26th, 1783. tj ie strict maxims of public credit gave way to the 

desire of congress to conform to the sentiments of their 

constituents : It ought not to be omitted, however, 

with respect to this portion of the revenue, that the 

* Paper No. 3. An estimate of the produce of the impost on imported 
articles. 

Before the war the exports from Great Britain to America were esti- 
mated at three and a half millions sterling, in which was included tea ; 
but there were importations from Ireland and Scotland, as well as from 
Holland, not included in that estimate. It is now thought best to esti- 
mate the imports of all goods from Europe, exclusive of tea, brandy and 
wine, at 3,500,000 sterling— at 4s. Gd. per dollar, is 15,555,554 dollars. 
Impost of 5 per ct., ad valorem, . . . $777,773 

On 2,000,000 gallons of rum and other 

spirits, . . . 3-90ths per gallon, 66,666.60-90 

100,000 ditto Maderia wine, 12-90ths 13,333.30 

600,000 " other wine, 6 40,000 

300,000 lbs. Bohea tea, 6 20,000 

25,000 " other tea, 24 6,666 

75,000 cwt. sugar (including loaf,) 56 46,666 

200,000 lbs. coffee and cocoa, 1 2,222 

2,000,000 gallons molasses, 1 22,223 

V ' 995,550 

Deduct for collection about 8 per ct., 79,594 

Net Revenue on this estimate, $915,956 

There are no precise data from which this computation could be made 
with any degree of certainty. The number of inhabitants has governed 
in part, and the imports of particular articles into the port of Philadel- 
phia have been attended to. The exactitude of the computation is of the 
less consequence, as the act of the 16th December, 1782, provides, that 
if the revenue shall at any time exceed the annual interest, the residue 
shall form a sinking fund for the discharge of the principal ; and if it shall 
be found insufficient, the states will be called upon to enlarge their grants 
of revenue. 



THE UNITED STATES OP AMERICA. 895 

UNDER THE CONFEDERATION. PART IV. 

mode in which it is to be supplied, varies so little from Defects of 
that pointed out in the articles of confederation ; and l ^ t c °™ t " h 
the variations are so conducive to the great object pro- confedera- 
posed, that a ready and unqualified compliance on the 
part of the states may be the more justly expected. Address of 
In fixing the quotas of this sum, Congress, as may be 5|j e the ' S ' A ' 
well imagined, were guided by very imperfect lights, Btatea on 
and some inequalities may consequently have ensued, fairs, April, 
These, however, can be but temporary, and as far as 1783, 
they may exist at all, will be redressed by a retrospect- 
ive adjustment, as soon as a constitutional rule can be 
applied. 

" The necessity of making the two foregoing provis- Necessity 
ions one indivisible and irrevocable act is apparent, manency ** 
Without the first quality, partial provision only might of the pro- 
be made where complete provision is essential; nay, ast c °m! S)S * 
some states might prefer and adopt one of the funds 
only, and the other states the other fund only, it might 
happen that no provision at all would be made : With- 
out the second, a single state out of the thirteen might 
at any time involve the nation in bankruptcy, the mere 
practicability of which would be a fatal bar to the es- 
tablishment of national credit. Instead of enlarging on 
these topics, two observations are submitted to the jus- 
tice and wisdom of the legislatures : First, the present The public 
creditors, or rather the domestic part of them, having 
either made their loans for a period which has expired, 
or having become creditors in the first instance invol- 
untarily, are entitled on the clear principles of justice 
and good faith to demand the principal of their credits, 
instead of accepting the annual interest. It is neces- 
sary, therefore, as the principal cannot be paid to them 
on demand, that the interest should be so effectually 
and satisfactorily secured, as to enable them, if they 
incline, to transfer their stock at its full value. Sec- 
ondly ; if the funds be so firmly constituted as to 
inspire a thorough and universal confidence, may it not 
be hoped, that the capital of the domestic debt, which 



896 THE GOVERNMENTAL HISTORY OP 

Part IV*. the permanent union 

Defects of bears the high interest of six per cent., may be can- 
pact C ofthe ce ^ e ^ ^7 other loans obtained at a more moderate 
confedera- interest ? The saving by such an operation, would be 
a clear one, and might be a considerable one. As a 
Address of proof of the necessity of substantial funds for the sup- 
to e tbe ' ' port of our credit abroad, we refer to paper No. 4.* 
states on " Thus much for the interest of the national debt : 

public af- ... 

fairs,ApriJ For the discharge of the principal within the term lim- 
1783 - ited, we rely on the natural increase of the revenue 

from commerce ; on requisitions to be made from time 

to time for that purpose, as circumstances may dictate ; 

and on the prospect of vacant territory. If these 
Principal resources prove inadequate, it will be necessary at the 
tional Da ' expiration of twenty-five years, to continue the funds 
debt. now recommended, or to establish such others as may 

then be found more convenient. 

" With a view to the resource last mentioned, as well 

as to obviate disagreeable controversies and confusions, 
See ante, Congress have concluded in their present recommenda- 

pp. 752. 

754. tions a renewal of those of the sixth day of September, 

and of the tenth day of October, 1780 : In both these 
respects, a liberal and final accommodation of all inter- 
fering claims of vacant territory, is an object which 
cannot be pressed with too much solicitude. 
Amend- " The last object recommended is, a constitutional 
confedera- change of the rule by which a partition of the common 
tion - burdens is to be made. The expediency, and even ne- 

cessity of such a change, has been sufficiently enforced 
by the local injustice and discontents which have pro- 
ceeded from valuations of the soil in every state where 
the experiment has been made. But how infinitely 
must these evils be increased, on a comparison of such 
valuations among the states themselves ! On whatso- 
*See post, ever side indeed this rule be surveyed, the execution 
page 900. of ^ mugt be attena - e a with the most serious difficul- 
ties. If the valuations be referred to the authorities 
of the several states, a general satisfaction is not to be 
hoped for: If they be executed by officers of the 



THE UNITED STATES OF AMERICA. 897 



UNDER THE CONFEDERATION. PART IV. 



United States traversing the country for that purpose, Defects of 
besides the irregularities against which this mode would pac^ofthe 
be no security, the expense would be both enormous ™° federa " 
and obnoxious : If the mode taken in the act of the 
17th of February last, which was deemed on the whole Addres^ of 
least objectionable, be adhered to, still the insufficiency to e the 
of the data to the purpose to which they are to be 8 ^™ 
applied, must greatly impair, if not utterly destroy, all tairs.April, 
confidence in the accuracy of the result, not to mention 
that as far as the result can be at all a just one, it will 
be indebted for the advantage to the principle on 
which the rule proposed to be substituted is founded. 

" This rule, although not free from objections, is liable Amend- 
to fewer than any other that could be devised. The the con f e( j 
only material difficulty which attended it in the delib- eration. 
erations of Congress, was to fix the proper difference 
between the labour and industry of free inhabitants, 
and of all other inhabitants. The ratio ultimately 
agreed on was the effect of mutual concessions ; and 
if it should be supposed not to correspond precisely 
with the fact, no doubt ought to be entertained that an 
equal spirit of accommodation among the several legis- 
latures, will prevail against little inequalities which 
may be calculated on one side or on the other. But 
notwithstanding the confidence of Congress, as to the 
success of this proposition, it is their duty to recollect 
that the event may possibly disappoint them ; and to 
request that measures may still be pursued for obtain- 
ing and transmitting the information called for in the 
act* of the seventeenth February last, which in such 
event will be essential. 

" The plan thus communicated and explained by Con- 
gress must now receive its fate from their constituents. 
All the objects comprised in it are conceived to be of 
great importance to the happiness of this Confederated 
Republic, are necessary to render the fruits of the rev- 

* An act requiring the state legislatures to furnish Congress with an 
accurate survey, and account, of lands granted or conveyed by them. 

57 



898 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Defects of olution a full reward for the blood, the toils, the cares, 
pactoAhe au( ^ tue ca l am ities which have purchased it. But the 
confedera- object of which the necessity will be peculiarly felt, 
and which it is peculiarly the duty of Congress to incul- 
Address of cate, is the provision recommended for the national 

the U.S. A., i . 
to the aebu ' 

S ubUctS- " Although this debt is greater than could have been 
iairs,Aprii, wished, it is still less on the whole than could have 
im been expected; and when referred to the cause in 
which it has been incurred, and compared with the bur- 
dens which wars of ambition and vain-glory have en- 
tailed on other nations, ought to be borne not only with 
The pro- cheerfulness but with pride. But the magnitude of the 
the nation- ^ e ht makes no part of the question. It is sufficient 
al debt, that the debt has been fairly contracted, and that jus- 
tice and good faith demand that it should be fully dis- 
charged. Congres shad no option but between different 
modes of discharging it. The same option is the only 
one that can exist with the states. The mode which 
has, after long and elaborate discussion, been preferred, 
is, we are persuaded, the least objectionable of any 
that would have been equal to the purpose. Under 
this persuasion, we call upon the justice and plighted 
faith of the several states to give it its proper effect, to 
reflect on the consequences of rejecting it, and to 
remember that Congress will not be answerable for 
them. 
Public " If other motives than that of justice could be requi- 

FranceT 3 s ^ e on ^ n * s occas ion, no nation could ever feel stronger; 
for to whom are the debts to be paid ? To An Ally, in 
the first place, who to the exertion of his arms in sup- 
port of our cause, has added the succors of his treas- 
ure; who, to his important loans, has added liberal 
donations ; and whose loans themselves carry the im- 
pression of his magnanimity and friendship : 
Foreign a To individuals in a foreign country, in the next 

creditors 

place, who were the first to- give so precious a token of 
their confidence in our 'ustice, and of their friendship 



THE UNITED STATES OF AMERICA. 899 

UNDER THE CONFEDERATION. PART IV. 

for our cause, and who are members of a republic Defects of 
which was second in espousing our rank among na- P ^ ct c ™Y hc 
tions. confedera- 

" Another class of creditors is, that illustrious and 
patriotic band of fellow-citizens, whose blood and whose Address of 
bravery have defended the liberties of their country ; \ \ h ' e ' ' 
who have patiently borne, among other distresses, the states on 
privation of their stipends, whilst the distresses of their &irs,ApriI, 
country disabled it from bestowing them : And who, ll783 - 
even now, ask for no more than such a portion of their 
dues as will enable them to retire from the field of vic- 
tory and glory, into the bosom of peace and private cit- 
izenship, and for such effectual security for the residue 
of their claims, as their country is now unquestionably 
able to provide. 

'•'•The remaining class of creditors is composed partly Domestic 
of such of our fellow-citizens as originally lent to the cre< *itors. 

Assignees 

public the use of their funds, or have since manifested of claims. 
most confidence in their country, by receiving transfers 
from the lenders ; and partly of those whose property 
has been either advanced or assumed for the public 
service. To discriminate the merits of these several 
descriptions of creditors, would be a task equally un- 
necessary and invidious. If the voice of humanity 
plead more loudly in favor of some than of others, the 
voice of policy no less than of justice, pleads in favor 
of all. A wise nation will never permit those who 
relieve the wants of their country, or who rely most on 
its faith, its firmness, and its resources, when either of 
them is distrusted, to suffer by the event. 

"Let it be remembered finally, that it has ever been Their 
the pride and boast of America, that the rights f or r >g ut sthe 

1 '' ° same for 

which she contended were the rights of human nature, which we 
By the blessing of the Author of these rights on the contended - 
means exerted for their defence, they have prevailed 
against all opposition, and form the basis of thirteen 
independent states. No instance has heretofore oc- 
curred, nor can any instance be expected hereafter to 



900 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Defects of 
the com- 
pact of the 
confedera- 
tion. 

Address to 
the U. S. A. 
to the 
states on 
public af- 
fairs,April, 
1783. 

Conclu- 
sion. 



See ante, 
page 896. 



Letter 
from Dr. 
Franklin, 
on the 
national 
credit 
abroad 
Dec. 178 



occur, in which the unadulterated forms of republican 
government can pretend to so fair an opportunity of 
justifying themselves by their fruits. 

"Da this vieiv the citizens of the United States are 
responsible for the greatest trust ever confided to a po- 
litical society. If justice, good faith, honor, gratitude, 
and all the other qualities which ennoble the character 
of a nation, and fulfill the ends of government, be the 
fruits of our establishments, the cause of liberty will 
acquire a dignity and lustre which it has never yet en- 
joyed ; and an example will be set which cannot but 
have the most favorable influence on the rights of man- 
kind. If, on the other side, our governments should 
be unfortunately blotted with the reverse of these car- 
dinal and essential virtues, the great cause which we 
have engaged to vindicate, will be dishonored and be- 
trayed ; .the last and fairest experiment in favor of the 
rights of human nature will be turned against them ; 
and their patrons and friends exposed to be insulted 
and silenced by the votaries of tyranny and usurpa- 
tion. 

"By order of the United States in Congress assem- 
bled:' * ' * * 



The document referred to in the foregoing address 
as paper No. 4, contained an extract from a letter from 
Dr. Franklin, to the superintendent of finance, bear- 
ing date December, 1782 ; and a letter to the same 
from the Minister Plenipotentiary of France, bearing 
date March fifteenth, 1783. Each of these letters is 
important in this connection as illustrative of the con- 
dition of the credit of the United States abroad at their 
respective dates ; and showing the critical condition of 
the public affairs under the defective provisions of the 
compact of the confederation. Dr. Franklin wrote : 

"Passy, December 2Sd, 1782. 
" Friday last, order was given to furnish me with six 
2 hundred thousand livres immediately, and I was an- 



THE UNITED STATES OF AMEEICA. 901 

UNDER THE CONFEDERATION. FaRT IV. 

swered by M. de' Vergennes, ' that the rest of the six Defects of 
millions should be paid us quarterly in the course of l h * ct c °™fl 
the year 1783.' I pressed hard for the whole sum de- confedera- 
manded, but was told ' it was impossible.' 

" Our people certainly ought to do more for them- 
selves. It is absurd the pretending to be lovers of lib- 
erty, while they grudge paying for the defence of it. 
It is said here, that an impost of five per cent, on all 
goods imported, though a most reasonable proposition, 
had not been agreed to by all the states, and was there- 
fore frustrated ; and that your newspapers acquaint the 
world with this, with the non-payment of taxes by the 
people, and with the non-payment of interest to the 
creditors of the public. 

" The knowledge of these things has hurt our credit 
and the loan in Holland ; and would prevent our get- 
ting anything here but from government. The foun- 
dation for credit abroad should be laid at home, and 
certain funds should be prepared and established before- 
hand, for the regular payment at least of the interest" 

The minister of France, at Philadelphia, writes, under Letter f 
date March 15th, 1783, to the U. S. superintendent of the French 
finance : "I abstain from repeating here the other parts philadel- 
of the Count de' Vergennes' dispatches, which I had P hia ' ° a „ 

P L ' the public 

the honor to communicate, because the truths they con- credit, 
tain are well known to you, and because they may all f 7 a 8 ™ h ' 
be reduced to this single position, that without a speedy 
establishment of solid general revenue, and an exact per- 
formance of the engagements which Congress have made, 
you must renounce the expectation of loans in Europe. 

" I am ordered also, sir, to inform Congress, that my 
Court expect they will have taken final and satisfactory 
measures to secure payment of the interest of the debt 
contracted with his majesty by the United States. But 
I content myself with communicating this circumstance * j ourna i a 
to you, and before announcing it directly to Congress, of con- 
I will wait till their present embarrassments shall be 1733.' 
diminished."* 



THE GOVERNMENTAL HISTORY OF 



■i'AHT IV. THE PERMANENT UNION 



Defects of The paper referred to in the foregoing address, as 
pact C ofthe No - 2 '* was a letter addr essed by the Congress to the 
coufedera- governor of Rhode Island, December sixteenth, 1782, 
remonstrating with that state because it had refused to 
Letter of comply with the recommendation, previously made by 
to AeGov. tnc con g r ess, for a duty on imposts and prize goods, 
of Rhode similar to the plan proposed by the address : That 

Island, on _ . 

the public letter concludes : " it is certainly pernicious to leave 
Dec^Vs an ^ g° vernmen t i 11 a situation of responsibility dispro- 
portioned to its power. The conduct of the war is en- 
trusted to Congress, and the public expectation turned 
upon them without any competent means at their com- 
mand to satisfy the important trust. After the most 
full and solemn deliberation, under a collective view of 
all the public difficulties, they recommend a measure 
which appears to them the corner-stone of the public 
safety. They see this measure suspended for near two 
. years ; partially complied with by some of the states ; 
Exigencies rejected by one of them, and in danger on that account 
national to De frustrated; the public embarrassments every day 
affairs. increasing ; the dissatisfaction of the army growing 
more serious ; the other creditors of the public clam- 
oring for justice ; both irritated by the delay of meas- 
ures for their present relief or future security ; the 
hopes of our enemies encouraged to protract the war ; 
the zeal of our friends depressed by an appearance of 
remissness and want of exertion on our part ; congress 
harassed ; the national character suffering ; and the 
national safety at the mercy of events. This state of 
things cannot but be extremely painful to Congress, and 
appears to make it their duty to be urgent to obviate 
the evils with which it is pregnant." 



These are certainly most graphic delineations of the 
evils which flowed from the deficiency of power en- 
trusted to congress, as an instrument of national gov- 
ernment, under the Confederation. The remedy pro- 
* See page , 

892. posed was also urged upon the states by the most 



. THE UNITED STATES OF AMERICA. 903 

UNDER THE CONFEDERATION. PART IV. 

earnest, forcible, and patriotic appeals from the most Defects of 
distinguished and able statesmen of that day, both in th( \ cc T\ 

° J ' pact of the 

and out of congress, and was made the subject of confedera- 
special commendation by General Washington, in a cir- 
cular address to the governors of the several states, as 
he was about resigning his command of the American 
armies, and as his farewell advice, as commander-in- 
chief, to his countrymen. " Unless," says he, " the 
states will suffer congress to exercise those prerogatives 
which they are undoubtedly invested with by the con- 
stitution (confederation) everything must very rapidly 
tend to anarchy and confusion. It is indispensable Washing- 
to the happiness of the individual states that there t0 *h. on t th , e 
should be lodged somewhere a supreme power to regu- public 
late and govern the general concerns of the Confed- a dirs ' 
erated Republic, without which the union cannot be of 
long duration. 

" There must be a faithful and pointed compliance 
on the part of every state with the late proposals and 
demands of congress, or the most fatal consequences 
will ensue. "Whatever measures have a tendency to 
dissolve the union, or contribute to violate or lessen the 
sovereign authority, ought to be considered hostile to 
the liberty and independence of America, and the authors 
of them treated accordingly : And, lastly, unless we 
can be enabled, by the concurrence of the states, to 
participate in the fruits of the revolution, and enjoy the 
essential benefits of civil society, under a form of gov- 
ernment so free and uncorrupted, so happily guarded 
against the danger of oppression, as has been devised 
by the Articles of Confederation ; it will be a subject 
of regret that so much blood and so much treasure 
have been lavished to no purpose ; that so many suffer- 
ings have been encountered without compensation; 
and that so many sacrifices have been made in vain." 



Such was the aspect of public affairs under the Con- 
federation, when the bitter experiences of war were 



904 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Befectsof exchanged for the definitive assurances of peace. The 
mrto?the recognition of our national independence by Great 
confedera- Britain seemed to convey to the people of the states 
the impression that the severest trial had gone by, and 
that their career henceforth was to be one of prosper- 
ous progress, without any particular regard for that 
national capacity the development of which had been 
consummated in their union under the graver adversi- 
ties of the revolution. The states still retained their 
jealousy of a general sovereignty, and were reluctant 
to surrender back to congress the prerogatives which 
they had secured to themselves under the Confedera- 
The neces-tion. They had not yet learned so to appreciate their 
nationaf national character as to refer to that alone as the basis 
sovereign- f their independence, of their prosperity at home, and 
orally feU of their respectability abroad. A further experience 

or under- see med necessary to teach them the need of a national 
stood. J 

government invested with a national sovereignty, in 

order to give security to that independence, and dura- 
tion and efficiency to that national character. It was 
well, therefore, in order to give permanency and sta- 
bility to the frame of government thereafter to be 
erected, that their record should be such as might con- 
vey a lesson of instruction to all coming generations 
of their descendants. And before we allow ourselves 
to estimate lightly the untold blessings and benefits of 
the union, we should ponder well this portion of our 
governmental history. 

I shall continue to give the record of that experience 
as written by those who were a part of it, in the day 
and time of it, and knew how to analyze it, to estimate 
it, and to describe it. 
See ante, On the fifteenth day of February, 1786, a committee 
p ' 888, consisting of Mr. King, Mr. Pinckney, Mr. Keane, Mr. 
In Con- Monroe, and Mr. Pettit, to whom were referred several 
gress.Feb., reports and documents concerning the system of general 
revenue recommended by the Congress on the eight- 
eenth of April, 1783, reported as follows, viz. : 



THE UNITED STATES OP AMERICA. 905 

UNDER THE CONFEDERATION. PART IV. 

"That in pursuance of the above reference, they have Defects of 
examined the acts of the several states, relative to the p^onhe 
general system of revenue recommended by Congress confedera- 
on the eighteenth of April, 1783, and find : That the 
states of Delaware and North Carolina, have passed 
acts in full conformity with the several parts thereof ; 2f e p J r g t ^ 
the former of which states has inserted a proviso in of general 
their act, restraining the operation thereof until each proposed 
of the other states shall have made a like and equally by con- 

gress to 

extensive grant : That the states ot JNew Hampshire, the states. 
Massachusetts, Connecticut, New Jersey, Virginia and Feb> ' l>i86 ' 
South Carolina, have each passed acts complying with 
that part of the system which recommends a general 
impost; but have come to no decision on the other 
part, which proposes the establishment of funds, sup- 
plementary to, and in aid of, the general impost : That Jon^the 
the state of Pennsylvania has passed an act complying states. 
with the recommendation of the general impost ; and 
in the same act has declared that their proportion or 
quota of the supplementary funds shall be raised and 
levied on the persons and estates of the inhabitants of 
that state, in such manner as the legislature thereof 
shall from time to time direct, with this proviso, that 
if any of .the annual proportion of the supplementary 
funds shall be otherwise raised and paid to the United 
States, then such annual levy or tax shall be discon- 
tinued. 

" The Committee conceive that this clause is rather 
an engagement that Pennsylvania will provide adequate 
supplementary funds, than an actual establishment 
thereof; nevertheless, the act contains a proviso re- 
straining its operation until each of the other states 
shall have passed laws in full conformity with the 
whole of the revenue system aforesaid : The Committee 
further find: That the state of Rhode Island has passed p . , 
an act on this subject, but so different from the plan complian- 
recommended, and so wholly insufficient, that it can- ce 
not be considered as a compliance with any part of the 



* 



906 THE GOVERNMENTAL HISTORY OF 



* 



Part IV. the permanent union 



Defects of system submitted for their adoption : That the state of 
the com- Maryland, passed an act in 1782, and a supplement 
confedera- thereto in 1784, complying with the recommendation 
tlon * of congress of the 3d February, 1781 ; which recom- 

mendation is not compatible with, and was relinquished 
by, the resolves of Congress of the 18th of April, 1783 ; 
thTsystem but that neither the state of Maryland, New York, nor 
of general Q eor gi a> h as passed any act in pursuance of the sys- 
proposed tern of the 18th of April, 1783. 

gress e to 0n " "From this statement it appears, that seven states, 
the states. v j z#5 jj ew Hampshire, Massachusetts, Connecticut, New 
' Jersey, Virginia, North Carolina and South Carolina, 
have granted the impost in such manner that if the 
other six states had made similar grants, the plan of 
Its recep- the general impost might immediately begin to operate, 
th* t y t ^ liat tw0 other states ' viz -> Pennsylvania and Delaware, 
' have also granted the impost, but have connected their 
grant with provisoes which will suspend their opera- 
tion until all the other states shall have passed laws in 
full conformity with the whole of the revenue system 
aforesaid: That two only of these nine states, viz., 
Delaware and North Carolina, have fully acceded to 
that system in all its parts ; and that the four other 
states, viz., Rhode Island, New York, Maryland and 
Georgia, have not decided in favor of any part of 
the system of revenue aforesaid, so long since and 
so repeatedly presented by Congress for their adop- 
tion. 
Fitness of " Tlie Committee have thought it their duty, candidly 
the gener- to exam i ne the principles of this system, and to dis- 
a sys em. ^^^ . f p 0SS j^ ej t i ie reasons which have prevented 
its adoption : They cannot learn that any member of 
the Confederacy has stated or brought forward any 
objections against it ; and the result of their impartial 
enquiries into the nature and operation of the plan, 
has been a clear and decided opinion that the system 
itself is more free from well-founded exceptions, and 
is better calculated to receive the approbation of the 



THE UNITED STATES OP AMERICA. 907 



UNDER THE CONFEDERATION. PART IV. 



several states, than any other that the •wisdom of con- Defects of 
srress can devise. thecom- 

& .... P act of the 

"In the course of this inquiry, it most clearly ap- confedera- 

peared, that the requisitions of Congress for eight years 10n ' 
past have been so irregular in their operation, so un- Report on 
certain in their collection, and so evidently unproduc- tl l e s - vstem 

j.i t i • °* general 

tive, that a reliance on them m future, as a source revenue 
from whence monies are to be drawn to discharge the by ^! 
engagements of the Confederacy, definite as they are g'ress to 
in time and amount, would be not less dishonorable to Feb. S liis. 
the understandings of those who entertain such confi- 
dence, than it would be dangerous to the welfare and Temporary 
peace of the Union. The Committee are therefore unanr^™ 8 ^ 
imously impressed with the indispensable obligation the states 
that congress are under of representing to the inmie- abler 1 " 
diate and impartial consideration of the several states, 
the utter impossibility of maintaining and preserving 
the faith of the federal government by temporary re- 
quisitions on the states, and the consequent necessity 
of an early and complete accession of all the states to 
the revenue system of the 18th of April, 1783. 

"Although in a business of this magnitude and im- The ad 
portance to the respective states, it was natural to ex-tion of the 
pect a due degree of caution, and a thorough investi-tem the" 

gation of the system recommended, yet the committee °° 1 ? bope 
° J i . ot t | ie con . 

cannot forbear to remark, that this plan has been under fedcracy. 
reference for nearly three years ; that, during that 
period, numerous changes have taken place in the del- 
egations of every state ; but that this system has re- 
ceived the repeated approbation of each successive 
congress ; and that the urgency of the public engage- 
ments at this time renders it the unquestionable duty 
of the several states to adopt, without further delay, 
those measures which alone, in the judgment of the 
committee, can preserve the sacred faith of this Confed- 
eracy." 
"The following state of facts must convince the 



908 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



Defects of 
the com- 
pact of the 
confedera- 
tion. 



Report on 
the system 
of general 
revenue 
proposed 
by con- 
gress to the 
states. 
Feb., 1786. 



states of the propriety of urging this system with unu- 
sual anxiety at this period. 
" That the sum necessary to discharge the 
interest on loans of the king of France, 
to the 1st of January, 1787, is . . $240,740.60 
For interest on certificates to foreign offi- 
cers, made payable in France, to the 1st 

January, 1787, $22,370.00 

For interest on the Spanish loan, to the 

21st March, 1787, .... $48,596.55 
For interest on the Dutch loans, to the 1st 
June, 1787, . . . . . $265,600.00 



Statement 
of the 
foreign 
debt and 
interest. 



■ $577,307.25 

" That although some of the objects of disbursement 

are in the year 1787, the periods at which they become 

due, will show the absolute necessity of an immediate 

provision for them. 

" That notwithstanding some of the above sums do 
not fall due until 1787, yet, exclusive of the same, there 
will be due on the French and Dutch loans, in that year 
1,252,938 dollars and 57-90ths, and during the nine 
succeeding years, that is until the year 1797, including 
the payment of the interest and the partial re-imburse- 
ments of the capitals of the French and Dutch loans, 
the average sum of near one million of dollars annu- 
ally ; for the certain obtaining of which, at fixed 
periods, effectual measures can no longer be delayed. 
More fully to illustrate this subject, the Committee 
annex a schedule of the French and Dutch loans, shew- 
ing the periods of their redemption, with the annual 
interest payable thereon, until their final extinction. 
"In addition to the above foreign demands, the inter- 
est on the Spanish loan, and the debts due to foreign 
officers, must be provided for and annually paid. The 
amount of these annual demands will be greatly in- 
creased by adding the annual interest on the domestic 
debt, the whole of which is not yet liquidated, and the 



THE UNITED STATES OF AMERICA. 909 

UNDER THE CONFEDERATION. PART IV. 

aggregate whereof will, consequently, be enlarged be- Defects of 
yond its last estimate. pttTtha 

" The Committee contemplate, with great satisfaction, confedera- 
the prospect of extinguishing a part of the domestic 
debt, by the sales of the western territory of the Uni- Report on 
ted States: But a considerable time must elapse before of 6 general 
that country can be surveyed and disposed of; and the revenue 
domestic creditors, until that event, must depend for by°con- 
support on the justice of their country. The revenue s resstothe 
system, if adopted, would afford this support, and Feb., 1786. 
enable Congress to fulfill the public engagements with 
their foreign creditors. The whole product of this sys- 
tem is appropriated for the payment of the principal 
and interest of the national debt, and no part thereof 
can be diverted to other purposes. 

" That it has been the earnest wish of Congress to pre-Tempora- 
vent the vast accumulation of foreign interest that now r . y re( i ulsl " 

tions from 

exists, appears from their estimates and requisitions of Nov., 1781 
the twenty-seventh of April, 1784, and the twenty- ^ 86 ^ n ' 
seventh of September, 1785. And the following abstract 
taken from the books of the treasury, of the amount of 
monies brought into the federal treasury in the course « 
of the four last years, viz., between the first of Novem- 
ber, 1781, and the first of January, 1786, will show the 
little success of requisitions, and demonstrate the in- 
adequacy of their products to maintain the federal 
government and at the same time to discharge the an- 
nual public engagements. 
" The receipts of taxes from the first of 
November, 1781, to first November, 
1784, amount to ... $2,025,089.34 

From the first November, 1784, to the 

first of January, 1786, . . . $432,897.81 



Total, $2,457,987.25 

"Thus it is evident that the sum of 2,457,987 dol- Total re- 
lars and 25-90ths only, was received in a space of more cei P ts - 
than four years, when the requisitions, in the most forci- 



910 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Defects of ble manner, pressed on the states the payment of much 
pact°of the l ar S' er sums, and for purposes of the highest national 
eonfedera- importance. It should be observed here, that the 
receipts of the last fourteen months of the above period, 
Report on amount only to 432,897 dollars and 81-90ths, which is 
f general a ^ the ra ^ e °f 371,052 dollars per annum, a sum short 
revenue f w ] ia t is essentially necessary for the bare mainten- 
by con- ance of the federal government on the most econoni- 
th e ?tates ^ ca ^ establishment, and in time of profound peace. 
Feb., me. « The Committee observe, with great concern, that the 
security of the navigation and commerce of the citizens 
of these states from the Barbary powers, the protection 
of the frontier inhabitants from the savages, the imme- 
diate establishment of military magazines in different 
Indispcn- parts of the union, rendered indispensable by the prin- 
ter lose-' cr pl es °f public safety, the maintenance of the federal 
cure the government at home, and the support of the public 
safety. servants abroad, each and all, depend upon the contri- 
butions of the states under the annual requisitions of 
congress. The monies essentially necessary for these 
important objects, will so far exceed the sums formerly 
, collected from the states by taxes, that no hope can be 
indulged of being able from that source, to make any 
remittances for the discharge of foreign engagements. 

" Thus circumstanced, after the most solemn delibera- 
tion, and under the fullest conviction that the public 
embarrassments are such as above represented, and 
that they are daily increasing, the committee are of 
opinion, that it has become the duty of Congress to 
The im- declare most explicitly, that the crisis has arrived when 

perative r 

and inevi- the people of the United States, by whose will and for 
tablccnsis- whose benefit the federal government was instituted, 
must decide whether they will support their rank as a 
nation, by maintaining the public faith at home and 
abroad ; or whether, for want of a timely exertion in 
establishing a general revenue, and thereby giving 
strength to the confederacy, they will hazard not only 
the existence of the union, but of those great and 



THE UNITED STATES OP AMERICA. 911 

UNDER THE CONFEDERATION. PART IV. 

invaluable privileges for which they have so arduously Defects of 
and so honorably contended." S^ofthe 

The report being adopted, " to the end that congress confedera- 
might remain wholly acquitted from every imputation 
of a want of attention to the interest and welfare of 
those whom they represented," it was 

" Resolved, That the requisitions of Congress of the Resolu- 
twenty-seventh of April, 1784* and the twenty-seventh thTreport 
of September, 1785,f cannot be considered as the es- Feb - i? 86 - 
tablishment of a system of general revenue, in opposi- *2,986,952.53 
tion to that recommended to the several states by the f 3f3,000l ° 00, 
resolves of congress of the eighteenth April, 1783. 

"Resolved, That the resolves of Congress of the 
eighteenth of April, 1783, recommending a system of 
general revenue, be again presented to the considera- 
tion of the legislatures of the several states, which have 
not fully complied with the same : That it be earnestly 
recommended to the legislatures of New-Hampshire, 
Massachusetts, Connecticut, New-Jersey, Pennsylvania, 
Virginia, and South Carolina, which have complied only 
in part with the said system, completely to adopt the 
same : and to 

'■'•The legislature's of the states of Rhode Island, New- 
York, Maryland and Georgia, which have not adopted 
the said system, either in whole or in part, to pass laws, 
without further delay, in full conformity with the same. 
But as it is highly necessary that every possible aid 
should in the most expeditious manner be obtained to 
the revenues of the United States, it is therefore recom- 
mended to the several states, that, in adopting the said 
system, they enable the United States in Congress as- 
sembled, to carry into effect that part which relates to 
the impost, so soon as it shall be acceded to. 

"Resolved, That whilst Congress are denied the Inevitable 
means of satisfying those engagements which they have ^Aoct 
constitutionally entered into for the common benefit 
of the union, they hold it their duty to warn their con- 
stituents that the most fatal evils will inevitably flow 



912 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Defects of from a breach of public faith pledged by solemn con- 
t ^ e t c0 ™" he tract, and a violation of those principles of justice which 
confedera- afe the only solid basis of the honor and prosperity of 
tion - nations." 



It is needless to look further for evidence of the in- 
efficiency of the Confederation. There cannot be 
found a more moving or conclusive demonstration of 
the dependency of congress upon the will of the thir- 
teen states of the union, each now claiming to be a dis- 
tinct and independent sovereignty, than is embodied in 
State sot- the foregoing report and resolutions. The idea of state 
ancUhe 7 sovereignty independently and exclusive of the federal 
embarrass- union, it will be at once seen, was the source of all the 
the gen- embarrassments which now clustered about the Con- 
erai gov- g ress? palsying the action of the general government, and 
proving the inefficiency of the compact of the Confed- 
eration as the basis of any national administration. 
However this extreme idea of state sovereignty may 
have originated, it was the grand defect of the confed- 
eration that it recognized it, and incorporated it into 
its provisions. But it was there, and until it should be 
measurably surrendered back to its original source, 
The meas- Congress must necessarily be dependent upon its will. 

tires roc* 

ommended To that will the appeal was now made. It met with a 
b ressde- commendable response in most of the states, but the 
feated by measures it recommended were opposed and defeated 
why? by the rejection of a single state, the state of New-York. 
The state of New-York was censured for her refusal 
to adopt the measures thus urged upon the states by 
Congress: But I think, and experience has shown, 
unjustly. It was undoubtedly influenced by the con- 
viction that it was impossible, under the existing arti- 
cles of confederation, to accomplish the ends aimed at 
Defect of by the Congress and desired alike by all. It was, in 
^ u e e system fact, but extending the dependence of the national ad- 
proposed ministration upon the states for twenty-five years, with- 
gress. out any power to enforce the proposed system even if 



THE UNITED STATES OF AMEBIC A. 913 

UNDER THE CONFEDERATION. PART IV 

adopted by the states, and made a mutual contract, Defects of 
with all the solemnities and powers of revocation vested 1^°°™^ 
alone in the Congress. It was itself as objectionable confedera- 
in this regard as any of the existing provisions of the 
Confederation. In order to secure the advantages of 
a happy, peaceful, prosperous and effective national 
government, a total remodeling of the whole fabric 
was necessary. The present one had utterly failed, 
having been found inadequate to the relations and exi- 
gencies of the nation, and its continuance ceased to be 
an object of desire even with the warmest advocates of 
the Union. 

In the words of Justice Story,* " all parties felt that * story, on 
the Confederation had at last totally failed as an in-*^! r° n " 
strument of government ; that its glory was departed 
and its days of labor done ; that it stood the shadow 
of a mighty name ; that it was seen only as a decayed 
monument of the past, incapable of any enduring record ; 
that the steps of its decline were numbered and fin- 
ished ; and that it was now pausing before that com- 
mon sepulchre of the dead whose inscription is nulla 
vestigia retrorsum." 

Upon reverting to the Articles of Confederation it No power 
will be observed that there was no power vested in the ^ c r °" ®HH 
general government, or the Congress, to regulate either commerce, 
foreign or domestic commerce. The absence of any 
national provision on this subject was the source of 
great embarrassment in the commercial intercourse of 
the states, and also disadvantageous to their foreign 
trade. To remedy this defect a proposal was made, 
emanating from the general assembly of the state of The An- 
Virginia, for a convention of delegates from the sev-conven- 
eral states to be held at Annapolis, in Marvland. This tion of 

• ,. . . . . , . "v . . J Sept. 1786. 

proposition originated in this wise : 

Commissioners were appointed by the legislatures of How it 
Virginia and Maryland, to form a compact in relation ori S inated - 
to the navigation of the rivers Potomac and Pocomoke, 
and a part of the Bay of Chesapeake. They met for 
58 



914 THE GOVERNMENTAL HISTORY OP 



Part IV. THE permanent union 



Defects of this purpose at Alexandria, in March, 1785. While at 
the com- ]yioiiiit Vernon, on a visit to General Washington, it 
confederal was agreed, probably at his suggestion, that these com- 
tion * missioners should propose to their respective govern- 

ments the appointment of other commissioners to meet 
with them, who should be empowered to make joint ar- 
rangements for maintaining a naval force in the Chesa- 
peake, and that they might also apply to congress for its 
The An- assent thereto ; that they should also establish a tariff of 
napolis duties on imports to which the laws of both states should 
Snof" be made to conform. These matters being subse- 
Krig£ 6 ' quently submitted to the legislature of Virginia, an 
and object, additional resolution was adopted, directing the sugges- 
tion which related to the duties on imports to be com- 
municated to all the states in the union, with an invi- 
tation to them to send deputies to the proposed Con- 
vention. 
Resolution On the twenty-first day of January, 1786, a short 
°* y [r ~ T time after the passage of the resolutions above referred 
1786. to, a further resolution was adopted by the general 
assembly of Virginia, appointing commissioners from 
that state " to meet such as might be appointed by 
other states in the union, at a time and place to be 
agreed upon, to take into consideration the trade of the 
United States ; to examine the relative situation and 
trade of the several states ; to consider how far a uni- 
form system of commercial relations might be neces- 
sary to their common interest and their permanent har- 
mony ; and to report to the several states such an act 
relative to this great object, as, when unanimously rat- 
ified by them, will enable the United States in Congress 
assembled, effectually to provide for the same : " * 
congress. The circular letter,transmitting these resolutions to the 
respective states, proposed Annapolis, in Maryland, as 
the place, and the fourteenth day of the then next Sep- 
tember, as the time, for holding such convention. The 

Proposi- 

tion how proposition was favorably received by some of the states, 
received. aQ ^ g ye Q £ ^ emj v j z#j New York, New Jersey, Penn- 



THE UNITED STATES OP AMEEICA. 915 

UNDER THE CONFEDERATION. PART IV. 

sylvania, Delaware, and Maryland, responded by ap-TheAn- 
pointing delegates to the convention. They met at^J^J®. 
Annapolis at the time mentioned. On the opening of tion of 
the convention, Mr. John Dickinson was appointed chair- 
man, and the members proceeded to discuss the objects for 
which they had convened. Feeling, however, that they 
were not competent, from the limited nature of their pow- Meeting 
ers, to accomplish any beneficial result, and some what a Qd . organ- 
discouraged by the small number of states represented, the con- 
they determined upon no specific measures ; but united ventl0n - 
in a report to their respective states, in which they 
represented the insufficiency of the Confederation, and 
the necessity of such a revision of the system as should 
cure all its defects. They recommended that delegates 
for that purpose should be appointed by the several 
state legislatures, to meet each other in convention at A federal 
Philadelphia on the second day of May then next. r ecom . 10 
The reasons for preferring a separate convention, for mended to 
the consideration of this subject, to the Congress, were confedera- 
stated to.be " that, in the latter body, it might be too tlon< 
much interrupted by the ordinary business before them ; 
and would, besides, be deprived of the valuable coun- 
sels of sundry individuals, who were disqualified by 
the constitution, or laws of particular states, or by 
peculiar circumstances, from holding a seat in the Con- 
gress. A copy of this report was transmitted also to 
congress in a letter from the chairman of the Con- 
vention, urging the inefficiency of the federal govern- 
ment, and the necessity of devising such further pro- 
visions as would render it adequate to the exigencies 
of the union. The action of this Convention was fol- 
lowed, in October of the same year, by an act in the Response 
general assembly of Virginia appointing commission- °f 
ers, or delegates, to the proposed Federal Convention, 
which act recited as follows, viz. 

"An Act for appointing- deputies from this Common- 
wealth, to a convention proposed to be held in the city 



of Vir- 
inia. 



916 



THE GOVERNMENTAL HISTORY OF 



Tart IV. 



THE PERMANENT UNION 



Response 
of Virginia 
to the re- 
commend- 
ation of 
the An- 
napolis 
conven- 
tion. Oct. 
16, 1786. 



Recog- 
nizes the 
crisis. 



of Philadelphia, in May next, for the purpose of revis- 
ing the federal constitution. Whereas the commission- 
ers who assembled at Annapolis on the fourteenth day 
of September last, for the purpose of devising and 
reporting the means of enabling Congress to provide 
effectually for the commercial interests of the United 
States, have represented the necessity of extending the 
revision of the federal system to all its defects, and have 
recommended that deputies for that purpose be ap- 
pointed by the several legislatures to meet in conven- 
tion, in the city of Philadelphia, on the second day of 
May next ; a provision which was preferable to a dis- 
cussion of the subject in Congress, where it might be too 
much interrupted by the ordinary business before them, 
and where it would besides be deprived of the valu- 
able counsels of sundry individuals who are disquali- 
fied by the constitution, or laws of particular states, or 
restrained by peculiar circumstances, from a seat in 
that assembly. And whereas the general assembly of 
this Commonwealth taking into view the actual situa- 
tion of the Confederacy, as well as reflecting on the 
alarming representations made from time to time by 
the United States in congress, particularly in their act 
of the fifteenth day of February last, can no longer 
doubt that the crisis is arrived at which the good people 
of America are to decide the solemn question, whether 
they will, by wise and magnanimous efforts, reap the 
fruits of that independence which they have so glori- 
ously acquired, and of that union which they have 
cemented with so much of their common blood; or 
whether by giving way to unmanly jealousies and pre- 
judices, or to partial and transitory interests, they will 
renounce the auspicious blessings prepared for them by 
the revolution, and furnish to its enemies an eventual 
triumph over those by whose virtue and valor it has 
been accomplished. 

And whereas the same noble and extended policy, and 
the same fraternal and affectionate sentiments, which 



THE UNITED STATES OP AMERICA. 917 

UNDER THE CONFEDERATION. PART IV. 



originally determined the citizens of this Common- Response 
wealth to unite with their brethren of the other states ° t h e g pro- 
in establishing a federal government, cannot but be felt P° sal f or a 

° . „ tederal 

with equal force now, as motives to lay aside every mie- conven- 
rior consideration, and to concur in such further con-* 1 ™^^ 
cessions and provisions as may be necessary to secure 
the great objects for which that government was insti- 
tuted, and to render the United States as happy in 
peace as they have been glorious in war. Be it there- 
fore enacted," Sfc. The act goes on to provide for the 
appointment of commissioners or delegates to the pro- 
posed convention, " with power to meet such deputies as powers of 
may be appointed and authorized by other states, to as- he |" dele " 
semble in convention at Philadelphia as above recom- 
mended, and to join with them in devising and discuss 
ing all such alterations and further provisions as may 
be necessary to render the federal constitution adequate 
to the exigencies of the union ; and in reporting such 
an act for that purpose to the United States in Congress, 
as when agreed to by them, and duly confirmed by the 
several states, will effectually provide for the same." 

The example of Virginia was followed by the state Response 
of New Jersey, which appointed * * * " Commis- j^ ew 
sioners, to meet such commissioners as have been, or Nov. 23, 
may be, appointed by the other states in the Union, at 
the city of Philadelphia, in the commonwealth of Penn- p wers of 
sylvania, on the second Monday in May next; for the he f dele * 
purpose of taking into consideration the state of the 
Union, as to trade and other important objects, and of 
devising such other provisions as shall appear to be 
necessary to render the Constitution" of the general 
government adequate to the exigencies thereof." 

The state of Pennsylvania next responded to the Response 
proposal, by "An act appointing delegates to the con-^^P" 
vention to be held in the city of Philadelphia, for the Dec. 30, 
purpose of revising the Federal Constitution," which 
act recited as follows : • 

"Sec. 1st. Whereas, the general assembly of this 



918 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Response 
of Penn- 
83'lvania to 
the propo- 
sal for a 
federal 
conven- 
tion. Dec. 
30, 1786. 



Powers of 
her dele- 
gates. 



Response 
of North 
Carolina. 
Jan. 6, 
1787. 



Commonwealth, taking into their serious consideration 
the representations heretofore made to t"he legislatures 
of the several states in the Union, by the United States 
in Congress assembled, and also weighing the difficulties 
under which the confederated states now labour, are 
fully convinced of the necessity of revising the Federal 
Constitution, for the purpose of making such altera- 
tions and amendments as the exigencies of our public 
affairs require : And whereas, the legislature of the 
state of Virginia have already passed an act of that 
commonwealth, empowering certain commissioners to 
meet at the city of Philadelphia in May next, a con- 
vention of commissioners or deputies from the different 
states ; and the legislature of this state are fully sen- 
sible of the important advantages which may be de- 
rived to the United States, and every of them, from 
co-operating with the commonwealth of Virginia, and 
the other states of the confederation, in the said 
design : 

"Sec. 2d. Be it enacted, * * * appoints dele- 
gates to the convention, " with powers to meet such dep- 
uties as may be appointed and authorized by the other 
states, to assemble in the said convention at the city 
aforesaid, and to join in devising, deliberating on, and 
discussing, all such alterations, and further provisions, 
as may be necessary to render the Federal Constitution 
fully adequate to the exigencies of the Union, and in 
reporting such act, or acts, for that purpose, to the Uni- 
ted States in Congress assembled, as when agreed to by 
them, and duly confirmed by the several states, will 
effectually provide for the same." 

These examples were followed next in point of time, 
by the state of North Carolina, whose general assem- 
bly, on the sixth day of January, 1787, passed an act, 
entitled "An act for appointing deputies from this state 
to a convention proposed to be held in the city of Phil- 
adelphia, in May next, for the "purpose of revising the 
Federal Constitution." This act provided for the ap- 



THE UNITED STATES OP AMERICA. 919 

UNDER THE CONFEDERATION. PART IV. 

pointment of five commissioners, with power to them, Response 
or any three of them, " to meet at Philadelphia on the ^roUna'to 
first day of May next, then and there to confer with the propo- 

Sfil for 'i 

such deputies as may be appointed by the other states federal 
for similar purposes, and with them to discuss and ^ ve j an 
decide upon the most effectual means to remove the 6, 1787. 
defects of our Federal Union, and to procure the en- Powers of 

-* her dele* 

larged purposes which it was intended to effect ; and gates> 
that they report such an act to the general assembly 
of this state, as when agreed to by them, will effectually 
provide for the same." 

On the twelfth day of February, 1787, the state of Response 
Georgia passed "An ordinance for the appointment of r e b. e i2 gm 
deputies from this state lor the purpose of revising the ll787 - 
Federal Constitution," who, or any two or more of Powergof 
them, were thereby " authorized, as deputies from this her dele- 
state, to meet such deputies as may be appointed and b 
authorized by other states, to assemble in convention 
at Philadelphia, and to join with them in devising and 
discussing all such alterations and farther provisions, 
as may be necessary to render the Federal Constitution 
adequate to the exigencies of the Union, and in report- 
ing such an act for that purpose to the United States 
in Congress assembled, as when agreed to by them, and 
duly confirmed by the several states, will effectually 
provide for the same." 

The state of Delaware next responded, and on the Response 
third day of February, 1787, passed "An Act appoint- ^^^ . 
ing deputies from this state to the convention proposed 3, 1787. 
to be held in the city of Philadelphia, for the" purpose 
of revising the Federal Constitution ; " reciting : 

"Whereas, the general assembly of this state are 
fully convinced of the necessity of revising the federal 
constitution, and adding thereto such further provis- 
ions as may render the same more adequate to the ex- 
igencies of the Union ; And whereas, the legislature 
of Virginia have already passed an act of that com- 
monwealth, appointing and authorizing certain com- 



920 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Response inissioners to meet, at the city of Philadelphia, in May 
rtothe nex *j a convention of commissioners or deputies from 
proposal the different states : And this state being willing and 
oral con-" desirous of co-operating with the commonwealth of 
vention. Virginia, and the other states in the confederation, in 
1787. so useful a design : 

Powers of "B e & tlherefore enacted" * * * * naming del- 
herdele- egates and appointing them — "with powers to meet 
such deputies as may be appointed and authorized by 
the other states to assemble in the said convention at 
the city aforesaid, and to join with them in devising, 
deliberating on, and discussing, such alterations and 
further provisions as may be necessary to render the 
Federal Constitution adequate to the exigencies of the 
Union : And in reporting such act, or acts, for that pur- 
pose, to the United States in Congress assembled, as 
when agreed to by them, and ■ duly confirmed by the 
several states, may effectually provide for the same : So 
always and provided, that such alterations or further 
provisions, or any of them, do not extend to that part 
of the fifth article of the Confederation of the said 
states, finally ratified on the first day of March, in the 
year one thousand seven hundred and eighty-one, which 
declares that ' in determining questions in the United 
States in Congress assembled, each state shall have one 
vote.' " 



Thus far there was a voluntary and very ready re- 
sponse, on the part of the states, to the proposal made 
by the Annapolis Convention for a convention to revise 
the Federal Constitution. 
The pro- in Congress, on the twenty-first day of February, 
er aTeon- d " ^Sl, nine states being present, "the report of a 
vention in Grand Committee, consisting of Mr. Dane, Mr. Var- 
Febf 7iT num, Mr. S. M. Mitchell, Mr. Smith, Mr. Cadwallader, 
1787. ' ]\j r . Irvine, Mr. N. Mitchell, Mr. Forrest, Mr. Grayson, 
Mr. Blount, Mr. Bull, and Mr. Few ; to whom was re- 
ferred a letter of the fourteenth of September, 1786, 



THE UNITED STATES OP AMERICA. 921 

UNDER THE CONFEDERATION. PART IV. 

from Mr. J. Dickinson, written at the request of Com- The pro- 
missioners from the states" of Virginia, Delaware, Penn- f e °jerai° r 
sylvania, New Jersey, and New York, assembled at the convention 
city of Annapolis ; together with a copy of the report gress, Feb. 
of the said Commissioners, to the legislatures of the 21st ' 1 ' 78 ' 7 • 
states by whom they were appointed — being the order 
of the day, was called up, and is contained in the fol- 
lowing resolution, which was read, viz.: 

" Congress having had under consideration the letter Report of 
of John Dickinson, Esq., chairman of the commission- routee™" 
ers who assembled at Annapolis, during the last year ; thereon. 
also the proceedings of the said commissioners, and 
entirely coinciding with them, as to the inefficiency of 
the federal government, and the necessity of devising 
such farther provisions as shall render the same ade- 
quate to the exigencies of the union ; do strongly re- 
commend to the different legislatures to send forward 
delegates, to meet the proposed convention, on the sec- 
ond Monday in May next, at the city of Philadelphia." 

The delegates from the state of New York thereupon Proposi- 
laid before the Congress instructions which they had£°^ r y ^ 
received from their constituents, and, in pursuance of in refer- 
the said instructions, moved to postpone the farther l™ e 
consideration of the foregoing report, in order to take 
up the following proposition, viz. : 

" That it be recommended to the staies composing the 
Union, that a convention of representatives from the 
said states respectively, be held at * * * * on 
* * * * f or the purpose of revising the articles 
of confederation and perpetual union of the United 
States of America ; and reporting to the United States 
in Congress assembled, and to the states respectively, 
such alterations and amendments of the said articles 
of confederation, as the representatives met in such 
convention shall judge proper and necessary, to render 
them adequate to the preservation and support of the 
union. 3 ' 

The question on the motion of New York, to post- 



922 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Action of 
congress 
on the pro- 
posal for a 
federal 
conven- 
tion, Feb. 
21st, 1787. 



Proposi- 
tion of 
Massachu- 
setts in 
reference 
thereto. 



Resolution 
recom- 
mending 
the pro- 
posed con- 
vention to 
the several 
states. 



Appoint- 
ment of 
delegates 
by New 
York. 



pone, the ayes and nays being called, was lost. A mo- 
tion was then made by the delegates from Massachu- 
setts, on behalf of that state, to postpone the further 
consideration of the report, in order to take into con- 
sideration a motion which they read in their place. 
This being agreed to, the motion of the delegates from 
Massachusetts was taken up, and being amended, was 
agreed to as follows : 

" Whereas there is provision in the articles of confed- 
eration.' and perpetual union, for making alterations 
therein, by the assent of a Congress of the United 
States, and of the legislatures of the several states : 
And whereas experience hath evinced that there are 
defects in the present confederation, as a means to 
remedy which, several of the states, and particularly 
the state of New York, by express instructions to their 
delegates in congress, have suggested a convention for 
the purposes expressed in the following resolution ; and 
such convention appearing to be the most probable 
means of establishing in these states a firm national 
government, 

Resolved, Tliat in the opinion of Congress, it is expe- 
dient, that on the second Monday in May next, a con- 
vention of delegates who shall have been appointed by 
the several states, be held at Philadelphia, for the sole 
and express purpose of revising the articles of confed- 
eration, and reporting to congress and the several leg- 
islatures, such alterations and provisions therein, as 
shall, when agreed to in congress, and confirmed by the 
states, render the federal constitution adequate to the 
exigencies of the government, and the preservation of 
the unionP 

Pursuant to the foregoing resolution, the legislature 
of the state of New York, on the sixth of March, 1787, 
appointed delegates on the part of that state " to meet 
such delegates as may be appointed on the part of the 
other states respectively, on the second Monday in May 
next, at Philadelphia, for the sole and express purpose 



THE UNITED STATES OF AMERICA 923 

UNDER THE CONFEDERATION. PART IV. 

of revising the articles of confederation ; and report- The pro- 
ing to congress, and to the several legislatures, such v°** d fed " 
alterations and provisions therein, as shall, when agreed vention. 
to in congress, and confirmed by the several states, ren- 
der the federal constitution adequate to the exigencies 
of government and the preservation of the union." 

By an act passed March eighth, 1787, the legisla- Appoint- 
ture of South Carolina appointed deputies from that dX^atL 
state, " to meet such deputies or commissioners as may by South 
be appointed and authorized by other of the United March 8th 
States, to assemble in convention, at the city of Phila- 1787 - 
delphia, in the month of May next, or as soon there- 
after as may be, and to join with such deputies or com- Their 
missioners (they being duly authorized and empow- power3, 
ered) in devising and discussing all such alterations, 
clauses, articles and provisions, as may be thought nec- 
essary to render the federal constitution entirely ade- 
quate to the actual situation and future good govern- 
ment of the confederated states ; and together with the 
said deputies or commissioners, or a majority of them 
who shall be present, (provided the state be not repre- 
sented by less than two) do join in reporting such an 
act to the United States in Congress assembled, as when 
approved and agreed to by them, and duly ratified and 
confirmed by the several states, will effectually provide 
for the exigence of the union." 

The act of the legislature of Massachusetts recited By Massa- 
the resolution of congress, and authorized the governor Aprif 9th 
of that state to commission five delegates appointed to 1787 - 
the proposed convention, who, or any three of them, 
were duly commissioned on the ninth day of April, 
1787, " to meet such delegates as may be appointed by 
the other, or any of the other, states in the union, to 
meet in convention at Philadelphia, at the time and 
for the purposes aforesaid." 

The act of the general assembly of the state of Con- By Con- 
necticut also recited the resolution of congress of the May ic i W. 
21st of February ; and on the second Thursday of May, 



924 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The pro- 1787, appointed three delegates, thereby requesting 
emfcon-" them " to proceed to Philadelphia without delay;" 
vention. authorizing and empowering such one or more of 
them as should " actually attend the said convention to 
represent this state therein, and to confer with such 
delegates appointed by the several states, for the pur- 
poses mentioned in the said act of congress, that may 
be present and duly authorized to act in said conven- 
tion, and to discuss upon such alterations and provi- 
Conn. del- sions, agreeable to the general principles of republican 
Their pow- government as they shall think proper to render the 
ers and m- federal constitution adequate to the exigencies of the 

etructions. . ° J 

government and the preservation of the union: And 

they are further directed, pursuant to the said act of 

congress, to report such alterations and provisions as 

may be agreed to by a majority of the United States, 

represented in convention, to the congress of the 

United States, and to the general assembly of this 

state." 

Appoint- The legislature of the state of Maryland, at its ses- 

deieo-ates S10n m ^ av > 1787, passed " An act for the appointment 

by Mary- f an( j conferring powers in deputies from this state 

land, May . i • , p 

26th, iw. to the federal convention, by which rive delegates were 
" appointed and authorized, on behalf of this state, to 
meet such deputies as may be appointed by any ofher 
of the United States, to assemble in convention at Phil- 
adelphia for the purpose of revising the federal system, 
and to join with them in considering such alterations 
and further provisions as may be necessary to render 
the federal constitution adequate to the exigencies of 

Their pow- the union : And in reporting such an act for that 
purpose to the United States in Congress assembled as 
when agreed to by them and duly confirmed by the 
several states, will effectually provide for the same. 
And the said deputies, or such of them as shall attend 
the said convention, shall have full power to represent 
this state for the purposes aforesaid : And the said dep- 
uties are hereby directed to report the proceedings of 



ers and in 
etructions. 



THE UNITED STATES OF AMERICA. 925 



UNDER THE CONFEDERATION. PaRT IV 



the said convention, and any act agreed to therein, toThepro- 
the next session of the general assembly of this state." pos , ed fed " 

cral cod." 

The legislature of the state of New Hampshire, was veution. 
the last to appoint delegates to the proposed conven- 
tion, although by no means indiflerent to the crisis in 
the public affairs of the nation, or insensible of the im- 
portance of vesting the national government with more 
efficient prerogatives and resources. With the exception, Appoint- 
perhaps, of Virginia and Pennsylvania, the preamble ment of 
to her enactment on this occasion, evinces a state of by New* 
feeling more competent to the existing exigency than ^ mp j 
any we have yet seen. It was entitled "An act for ap-zi^im. 
pointing deputies from this state, to the convention pro- 
posed to be holden in the city of Philadelphia, in May, 
1787, for the purpose of revising the federal constitu- 
tion." And recited, " Wliereas in the formation of the 
federal compact which frames the bond of union of the 
American states, it was not possible, in the infant state 
of our republic, to devise a system which in the course 
of time and experience, would not manifest imperfec- 
tions that it would be necessary to reform. 

"And whereas the limited powers, which by the PreambIe 
articles of confederation, are vested in the Congress of t0 . th( ? a P" 
the United States, have been found far inadequate to act!* 
the enlarged purposes which they were intended to pro- 
duce : And whereas congress hath, by repeated and 
most urgent representations, endeavored to awaken 
this, and other states of the union, to a sense of the 
truly critical and alarming situation in which they may 
inevitably be involved, unless timely measures be taken 
to enlarge the powers of congress ; that they may be 
thereby enabled to avert the dangers which threaten 
our existence as a free and independent people : Arid Their con- 
ivhereas this state hath been ever desirous to act upon cil i a . t0I 7 
the liberal system of the general good of the United 
States, without circumscribing its views to the narrow 
and selfish objects of partial convenience ; and has 
been at all times ready to make any concession to the 



926 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

^ , * 

Powers of safety and happiness of the whole, which justice and 
2amp! W sound policy could indicate. Be it therefore enacted, 
shire dele- by the Senate and House of Representatives in General 
the pro- Court convened, that * * * (naming the delegates,) 
posed fed- ^ Q an( j } iere by are appointed commissioners ; thev or 

eral con- j rr 7 j 

ventkm. any two of them, are hereby authorized and empowered, 
as deputies from this state, to meet at Philadelphia, in 
said convention, or at any other place to which the con- 
vention may be adjourned, for the purposes aforesaid, 
there to confer with such deputies as are, or may be 
appointed by the other states for similar purposes, and 
with them to discuss and decide upon the most effectual 
means to remedy the defects of our federal union, and 
to procure and secure the enlarged purposes which it 
was intended to effect, and to report such an act to the 
United States in Congress, as when agreed to by them, 
and duly confirmed by the several states, will effect- 
ually provide for the same." 



Provision Thus early and readily, twelve states of the union, 
govern- a ll except the state of Rhode Island, signified their 
ment of the sense f the earnest exigencies of the nation, by ap- 

tem tonal , .. , . v 

domain of pointing delegates to meet m the proposed convention, 
States mted to deliberate upon a revision of the federal constitu- 
178V. tion : Meanwhile the Congress is engaged in the forma- 
tion of another compact between the states, equally 
obligatory, and equally interesting and important in its 
relations to our governmental history. 

The immense western territory, ceded by several of the 
states to Congress as a part of the national domain, to 
be used for the common benefit of the United States, 
Its impor- became at once a subject of new and thrilling interest 
necessity. *° them all. Its settlement, its proprietorship, its gov- 
ernment, and its relations and position in the federa- 
tive system, were matters of great moment and careful 
consideration. Hence the Ordinance of 1787, so called : 
An ordinance which has been, is now, and may still 
hereafter, often be referred to, not only as embodying a 



THE UNITED STATES OF AMERICA. 927 

UNDER THE CONFEDERATION. PART IV. 

precedent for territorial government, but also as a Compact 
political compact whose tenor and principles, in their g° r V grn- 
obligation upon the nation and the states, must con- ment ofthe 
tinue to be of binding efficacy while the union lasts, domain of 
For while it defines the reach of the territorial domain ^Jj 1, s - 

17o7. 

of the United States at the formation of the present 
constitution, taken together with that instrument — 
which did not alter or abridge any one of it's essential 
provisions — it also serves to mark the limit of the na- 
tional jurisdiction thereby established. It is in this Its impor- 
aspect of it, that it becomes of importance in this con- political * 
nection, in our governmental history. compact. 

"An Ordinance for the government ofthe territory of the 
United States, North- West of the river Ohio. 

"Be it ordained by the United States in Congress <zs- District- 
sembled, That the said Territory, for the purposes of ms " 
temporary government, be one district ; subject, however, 
to be divided into two districts, as future circumstances 
may, in the opinion of Congress, make it expedient. 

"Be it ordained by the authority aforesaid, That the Descent 
estates, both of resident and non-resident proprietors b ut i n of 
in the said territory, dying intestate, shall descend to, estates m - 
and be distributed among, their children, and the de- 
scendants of a deceased child in equal parts ; the de- 
scendants of a deceased child or grand-child, to take 
the share of their deceased parent in equal parts among 
them ; and where there shall be no children or descend- 
ants, then in equal parts to the next of kin, in equal 
degree : and among collaterals, the children of a de- 
ceased brother or sister of the intestate, shall have, in 
equal parts among them, their deceased parents' share : 
and there shall in no case be a distinction between kin- 
dred of the whole and half-blood ; saving in all cases Dower in. 
to the widow of the intestate, her third-part of the real 
estate for life, and one third-part of the personal estate ; 
and this law relative to descents and dower, shall re- Wills and 

main in full force until altered by the legislature of the conve y an- 

J G ces. 

district. And until the governor and judges shall adopt 



928 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



Compact 
for the 
govern- 
ment of the 
territorial 
domain of 
the U. S. 
1787. 

Execution 
and record 
of deeds. 



Transfer 
of personal 
property. 



The gov- 
ernor ; 
qualifica- 
tions and 
term of 
office. 



The secre- 
tary ; his 
duty and 
qualifica- 
tions. 



The judi- 
ciary. 



laws as hereinafter mentioned, estates in said territory 
may be devised or bequeathed by wills in writing, 
signed and sealed by him, or her, in whom the estate 
may be (being of full age) and attested by three wit- 
nesses. And real estates may be conveyed by lease and 
release, or bargain and sale, signed, sealed, and deliv- 
ered by the person, being of full age, in whom the estate 
may be, and attested by two witnesses ; provided such 
wills be duly proved, and such conveyances be acknowl- 
edged, or the execution thereof duly proved, and be 
recorded within one year after proper magistrates, 
courts, and registers, shall be appointed for that pur- 
pose: And personal property may be transferred by de- 
livery ; saving, however, to the French and Canadian 
inhabitants, and other settlers of the Kaskaskies, Saint 
Vincents,' and the neighboring villages, who have here- 
tofore professed themselves citizens of Virginia, their 
laws and customs in force among them, relative to the 
descent and conveyance of property. 

"Be it ordained by the authority aforesaid, That there 
shall be appointed, from time to time, by Congress, a 
governor, whose commission shall continue in force for 
the term of three years, unless sooner revoked by Con- 
gress. He shall reside in the district, and have a free- 
hold estate therein in one thousand acres of land, 
while in the exercise of his office. 

" There shall be appointed, from time to time, by Con- 
gress, a secretary, whose commission shall continue in 
force for four years, unless sooner revoked : He shall 
reside in the district, and have a freehold estate therein 
in five hundred acres of land, while in the exercise of 
his office : It shall be his duty to keep and preserve the 
acts and laws passed by the legislature, and the public 
records of the district, and the proceedings of the gov- 
ernor in his executive department ; and transmit authen- 
tic copies of such acts and proceedings, every six months, 
to the Secretary of Congress : Tliere shall also be ap- 
pointed a Court to consist of three judges, any two of 



THE UNITED STATES OF AMEEICA. 929 



UNDER THE CONFEDERATION. PART IV. 



whom to form a court, who shall have a common law Compact 
jurisdiction, and reside in the district, and have each fo r ve rn- 
therein a freehold estate in five hundred acres of land, men* of the 
while in the exercise of their offices ; and their commis- domain of 
sions shall continue in force during good behavior. *k < L U- S ' 

" The governor and judges, or a majority of them, 
shall adopt and publish in the district, such laws, crim- ^7^^ 
inal and civil, as may be necessary, and best suited to code of 
the circumstances of the district, and report them to 
Congress, from time to time, which laws shall be in 
force in the district until the organization of the gen- 
eral assembly therein, unless disapproved of by Con- 
gress ; but afterwards the legislature shall have au- 
thority to alter them as they shall think fit. 

"The governor for the time being, shall be com- Military 
mander-in-chief of the militia, appoint and commission thTgov? 
all officers in the same, below the rank of general offi- ernor - 
cers ; all general officers shall be appointed and com- 
missioned by Congress. 

" Previous to the organization of the general assembly Appoint- 
the governor shall appoint such magistrates and other p^e r g n d f 
civil officers, in each county and township, as he shall magis- 
find necessary for the preservation of the peace and 
good order in the same : After the general assembly 
shall be organized, the powers and duties of magistrates 
and other civil officers shall be regulated and defined 
by the said assembly ; but all magistrates and other 
civil officers, not herein otherwise directed, shall, dur- 
ing the continuance of this temporary government, be 
appointed by the governor. 

"For the prevention of crimes and injuries, the laws to Laws of 
be adopted, or made, shall have force in all parts of the grai assem- 
district ;.and for the execution of process, criminal and My. 
civil, the governor shall make proper divisions thereof; 
and he shall proceed, from time to time, as circumstan- 
ces may require, to lay out the parts of the district in 
which the Indian titles shall have been extinguished, c t; 
into counties and townships, subject, however, to such and towns. 
59 



930 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



Compact alterations as may thereafter be made by the legisla- 
forthe ture. 

govern- 
ment of the "So soon as there shall be Jive thousand free male in- 

Elin of habitants, of full age, in the district, upon giving proof 

the u. S. thereof to the governor, they shall receive authority, 

with time and place, to elect representatives from their 



atives. 



Qualifica- 
tions of. 



^ves Seat * counties or townships, to represent them in the general 
assembly ; provided, that for every five hundred free male 
inhabitants, there shall be one representative, and so on 
progressively with the number of free male inhabitants 
shall the right of representation increase, until the 
number of representatives shall amount to twenty- 
five ; after which the number and proportion of repre- 
sentatives shall be regulated by the legislature : Pro- 
vided, that no person be eligible or qualified to act as a 
representative, unless he shall have been a citizen of 
one of the United States three years, and be a resident 
in the district, or unless he shall have resided in the 
district three years ; and in either case, shall likewise 
hold in his own right, in fee simple, two hundred acres 
of land within the same : Provided also, that a freehold 
in fifty acres of land in the district, having been a citi- 
zen of one of the states and being resident in the dis- 
trict, or the like freehold and two years residence in 
the district, shall be necessary to qualify a man as an 
elector of a representative. 

Term of " The representatives thus elected, shall serve for the 

ativeTva- term °^ tw0 vears > and in case of tlie death 0l * a re P" 

cancy,how re sentative, or removal from office, the governor shall 
issue a writ to the county or township for which he was 
a member, to elect another in his stead, to serve for the 
residue of the term. 

" Tfie General Assembly, or Legislature, sha^l consist 
of the governor, legislative council, and a house of rep- 
resentatives. The Legislative Council shall consist of 
five members, to continue in office five years, unless 
sooner removed by Congress ; any three of whom to be 
a quorum : and the members of the council to be noni- 



Qualifica- 
tions of 
electors. 



The terri- 
torial as- 
sembly, 
how con- 
stituted. 



THE UNITED STATES OF AMERICA. * 931 

UNDER THE CONFEDERATION. PART IV. 

inated and appointed in the following manner, to wit : Compact 
As soon as the representatives shall be elected, the gov-j^^*£JJ 
ernor shall appoint a time and place for them to meet the tenito- 
together, and, when met, they shall nominate ten per- f t he u. s. 
sons, residents in the district, and each possessed of a ll787, 
freehold in five hundred acres of land, and return their Le s isl .a tive 

7 council, 

names to congress ; five of whom congress shall appoint how ap- 
and commission to serve as aforesaid : And luhenever a pom e ' 
vacancy shall happen in the council, by death or removal Vacancies 
from office, the house of representatives shall nominate ^|i e ^ ow 
two persons qualified as aforesaid, for each vacancy, 
and return their names to congress ; one of whom con- 
gress shall appoint and commission for the residue of 
the term. And every five years, four months at least How often 
before the expiration of the time of service of the mem- elected - 
bers of the council, the said house shall nominate ten 
persons qualified as aforesaid, and return their names 
to congress, five of whom congress shall appoint and 
commission to serve as members of the council five 
years, unless sooner removed. And the governor, leg- Legislative 

islative council, and house of representatives shall have p, ow ? rs ? f 

. . ' 11 tue tem- 

authority to make laws, in all cases, for the good gov- torial as- 

ernment of the district, not repugnant to the principles sembly - 

and articles in this Ordinance established and declared. 

And all bills having passed by a majority in the house, 

and by a majority in the council, shall be referred to 

the governor for his assent ; but no bill or legislative Powers of 

act whatever shall be of any force without his assent. f r l^ v ~ 

The governor shall have power to convene, prorogue, 

and dissolve, the general assembly, when, in his opinion, 

it shall be expedient. 

" The governor, judges, legislative council, secretary, Oath of 
and such other officers as congress shall appoint in the ° mce * 
district, shall take an oath or affirmation of fidelity, and 
of office ; the governor before the president of con- 
gress, and all other officers before the governor. As Delegate 
soon as a legislature shall be formed in the district, the t0 con : 

°rcss how 

council and house, assembled in one room, shall have elected. 



932 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Compact authority, by joint ballot, to elect a delegate to con- 

emmentof g ress > who slia11 liave a seat in congress, with a right 
the tenito- f debating, but not of voting during this temporary 

rial domain . tr J 

of the U.S. government. 

IV 87. « a^ nd f or extending- the fundamental principles of civil 

and religious liberty which form the basis whereon these 
Articles of Republics, their laws and constitutions, are erected ; 
compact. ^ g x an( j establish those principles as the basis of all 
laws, constitutions, and governments, which forever 
hereafter shall be formed in the said territory ; to pro- 
Preamble, vide also for the establishment of states, and permanent 
governments therein, and for their admission to a share 
in the federal councils on an equal footing with the 
original states, at as early periods as may be consistent 
with the general interest : 

"It is hereby ordained and declared, by the authority 
aforesaid, that the following articles shall be considered 
as articles of compact between the original states, and 
the people and states in the said territory, and forever 
remain unalterable, unless by common consent, to wit : 
Religious "Article the First. No person, demeaning himself 
freedom. j n ft p eaccaD i e an( j orderly manner, shall ever be mo- 
lested on account of his mode of worship, or religious 
sentiments, in the said territory. 
Civil liber- " Article the Second. The inhabitants of the said 
ties and territory shall always be entitled to the benefits of the 
writ of Habeas Corpus, and of the trial by jury ; of a 
proportionate representation of the people in the legis- 
lature ; and of judicial proceedings according to the 
course of the Common Law. All persons shall be bail- 
able, unless for capital offences, where the proof shall 
be evident, or the presumption great : All fines shall 
be moderate ; and no cruel or unusual punishments be 
Personal inflicted. No man shall be deprived of his liberty or 
rights and property, but by the judgment of his peers, or the law 
of the land ; and should the public exigencies make it 
necessary, for the common preservation, to take anv 
person's property, or to demand his particular services, 



THE UNITED STATES OF AMERICA. 933 

UNDER THE CONFEDERATION. PART IV. 

full compensation shall be made for the same. And incompact 
the just preservation of rights and property, it is un- ^nmenurf 
derstood and declared, that no law ought ever to be the temto- 
made, or have force in the said territory, that shall in f the U.S. 
any manner whatever interfere with, or affect, private 1 ' 78 ' 7 - 
contracts or engagements, bona fide and without fraud 
previously formed. 

" Article the Third. Religion, morality, and knoivl- Encour, 
edge, being necessary to good government and the hap- education 
piness of mankind, schools and the means of education 
shall ever be encouraged. The utmost good faith shall 
always be observed towards the Indians ; their lands Protection 
and property shall never be taken from them without i nd *Q S 
their consent ; and in their property, rights, and lib- 
erty, they never shall be invaded or disturbed, unless 
in just and lawful wars authorized by congress : But 
laws founded in justice and humanity shall from time 
to time be made, for preventing wrongs being done to 
them, and for preserving peace and friendship with 
them. 

" Article the Fourth. Tlie said territory, and the 
states which may be formed therein, shall forever re- 
main a part of this Confederacy of the United States 
of America, subject to the Articles of Confederation, 
and to such alterations therein as shall be constitution- 
ally made : And to all the acts and ordinances of the 
United States in Congress assembled, conformable 
thereto. The inhabitants and settlers in the said ter- inhabit- 

ritory shall be subject to pay a part of the federal * nts sub " 

jgcl to p&y 
debts, contracted or to be contracted, and a propor- a propor- 
tional part of the expenses of government, to be appor- £°,° r °i the 
tioned on them by Congress, according to the same burdens. 
common rule and measure, by which apportionments 
thereof shall be made on the other states : And the 
taxes for paying their proportion shall be laid and lev- Levy of 
ied by the authority and direction of the legislatures taxes 
of the district, or districts, or new states, as in the orig- 
inal states, within the time agreed upon by the United 



934 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

Compact States in Congress assembled. The legislatures of 
for the gov- ^ districts, or new states, shall never interfere with 

ernmentoi ' 

the territo- the primary disposal of the soil by the United States 
of the u!s! m Congress assembled, nor with any regulations Con- 
1787. gress may find necessary for securing the title in such 
Taxes on soil to the bona fide purchasers. No tax shall be un- 
certain posed on lands the property of the United States ; and 
in no case shall non-resident proprietors be taxed 
higher than residents. The navigable waters leading 
River nav- into the Mississippi and St. ^Lawrence, and the carrying 
tcTalL 11 ree places between the same, shall be common highways 
and forever free, as well to the inhabitants of the said 
territory, as to the citizens of the United States, and 
those of any other states that may be admitted into the 
Confederacy, without any impost, tax, or duty, there- 
for. 
States to "Article the Fifth. There shall be formed in the 
ou/oi^the sa ^ territory, not less than three, nor more than five 
territory, states ; and. the boundaries of the states, as soon as 
Virginia shall alter her act of cession, and consent to 
the same, shall become fixed and established as follows, 
Precincts to wit : The Western State in the said territory shall 
WeSern bo bounded by the Mississippi, the Ohio, and the Wa- 
State. bash rivers ; a direct line drawn from the Wabash' and 
Port Vincents, due north to the territorial line between 
the United States and Canada ; and by the said terri- 
torial line to the Lake of the Woods and the Missis- 
sippi. 
Precincts " Tlie Middle State shall be bounded by the said 
Middle direct line ' the Wabash from Port Vinpents to the 
State. Ohio ; by the Ohio, by a direct line drawn due north 
from the mouth of the Great Miami, to the said terri- 
torial line, and by the said territorial line. 
Precincts "The Eastern State shall be bounded by the last 
Eastern mentioned direct line, the Ohio, Pennsylvania, and the 
State. said territorial line ; provided, however, and it is further 
Subject to understood and declared, that the boundaries of these 
congress, three states shall be subject so far to be altered, that if 



THE UNITED STATES OF AMERICA. 935 



UNDER THE CONFEDERATION. PART IV. 



Congress shall hereafter find it expedient, they shall Compact 
have authority to form one or two states in that part emmeSf 
of the said territory which lies north of an east and the territo- 
west line drawn through the southerly bend or extreme of the lis! 
of Lake Michigan. And whenever any of the said 1787, 
states shall have sixty thousand free inhabitants there- Admission 
in, such state shall be admitted, by its delegates, into of the . sai <* 
the Congress of the United States, on an equal footing- the Union. 
with the original states, in all respects whatever, and 
shall be at liberty to form a permanent constitution 
and state government : Provided the constitution and 
government so to be formed shall be republican, and 
in conformity to the principles contained in these arti- 
cles : And so far as it can be consistent with the general 
interest of the Confederacy, such admission shall be 
allowed at an earlier period, and when there may be a 
less number of free inhabitants in the state than sixty 
thousand. 

"Article the Sixth. There shall be neither slavery slavery. 
nor involuntary servitude in the said territory, other- 
wise than in the punishment of crimes, whereof the 
party shall have been duly convicted : Provided always 
that any person escaping into the same, from whom 
labour or service is lawfully claimed in any one of the 
original states, such fugitive may be lawfully reclaimed, 
and conveyed to the person claiming his, or her, la- 
bour, or service, as aforesaid. 

" Be it ordained by the authority aforesaid, that the Repealing 
resolutions of the 23d of April, 1784, relative to the clause - 
subject of this Ordinance, be, and the same hereby are, 
repealed and declared null and void. 

" Done by the United States in Congress assembled, 
the thirteenth day of July, in the year of our Lord 
1787, and of their sovereignty and independence, the 
12th. 

" Charles Thomson, Sec'y." 



936 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Fed- 
eral con- The Federal Convention 
vention 

at Phiia- jj; e {. a ^ Philadelphia on the fourteenth day of May, 
May, i4th, A. D. 1787, being in the eleventh year after the declara- 
tion of their independence, by the thirteen colonies of 
North America, and the fourth year after the recogni- 
tion of their independence, as United States, under the 
definitive treaty of peace with the parent state : Several 
deputies assembled at the State House during the day, 
and continued to meet by adjournment from day to day, 
until a majority of the states were represented by the 
appearance of their delegates. 
Organiza- On Friday, the twenty-fifth day of May, nine of the 
couven- states being represented, it was moved by the honor- 
tion - able Robert Morris, one of the deputies from the state 

of Pennsylvania, that a president be elected by ballot, 
which motion was adopted by the convention ; where- 
upon Mr. Morris, on the part of Pennsylvania, nomin- 
ated General George Washington, who was present as 
a delegate from the state of Virginia. The convention 
then proceeded to ballot, and the ballot being counted, 
George Washington was announced as the person unan- 
imously chosen to preside over the convention. 
Washing- General Washington was conducted to the chair 
president! hy the Hon. Robert Morris and John Rutledge, Esqs., 
when he proposed to the convention that they should 
proceed to elect a secretary ; and the ballot being taken, 
William Jackson, Esq., was declared elected : The cre- 
dentials of the members were then produced, and on 
motion of Mr. C. Pinckney of South Carolina, it was 

" Ordered, that a committee be appointed to draw up 
rules to be observed as the standing orders of the Con- 
vention, and to report the same to the house." 
Commit- Mr. Wythe of Virginia, Mr. Hamilton of New- York, 
rule™?- and Mr. C. Pinckney of South Carolina, were appointed 
pointed. gucn committee ; and the convention adjourned till 
Monday, May 28th, at 10 A. M. 

Monday, May 28th, 1787. The Convention met pur- 



THE UNITED STATES OP AMEEICA. 937 

UNDER THE CONFEDERATION. PART IV. 

suant to adjournment, when further deputations ap- The Feder- 
peared from Massachusetts, Connecticut, Delaware and* ion °t Ven " 
Maryland, and their credentials were received and ex- p t>iiadel- 
amined : Mr. Wythe, from the committee appointed for nth', 17V7. 
that purpose, reported the rules prepared to be ob- Report of 
served by the convention in their proceedings, which the com- 
were read, debated, and finally agreed to as follows, viz. : 

Rules to be observed as the Standing Orders of the Con- 
vention. 

I. A house to do business, shall consist of the depu- Business 
ties of not less than seven states ; and all questions qu 
shall be decided by the greater number of these which 

shall be fully represented. But a less number than 
seven may adjourn from day to day. 

II. Immediately after the president shall have taken Routine of 
the chair, and the members their seats, the minutes of 

the preceding day shall be read by the secretary. 

III. Every member, rising to speak, shall address the 
president ; and, whilst he shall be speaking, none shall Debates. 
pass between them ; or hold discourse with another ; 

or read a book, pamphlet or paper, printed or manu- 
script; and of two members rising at the same time, the 
president shall name him who shall be first heard. 

IY. A member shall not speak oftener than twice, Restric- 
without special leave, upon the same question ; an ^ g 10 e ^ s ki ^ on 
not the second time, before every other, who had been 
silent, shall have been heard, if he choose to speak 
upon the subject. 

V. A motion made and seconded, shall be repeated ; Motions, 
and, if written, as it shall be when any member shall 

so require, read aloud, by the secretary, before it shall 
be debated ; and may be withdrawn at any time before 
the vote upon it shall have been declared. 

VI. Orders of the day shall be read next after the Orders of 
minutes ; and either discussed or postponed, before any the day " . 
other business shall be introduced. Debatable 

VII. When a debate shall arise upon a question, questions. 



938 



THE GOVERNMENTAL HISTORY OP 



Part TV. 



THE PERMANENT UNION 



TheFeder-no motion other than to amend the question, to commit 
t/on at VeQ " **> or postpone the debate, shall be received. 
PMiadei- VIII. A question which is complicated, shall, at the 
14th, 178?. request of any member, be divided, and put separately 
upon the propositions of which it is compounded. 

IX. The determination of a question, although fully 
debated, shall be postponed, if the deputies of any state 
desire it, until the next day. 

X. A writing, which contains any matter brought on 
to be considered, shall be read once throughout, for in- 
formation ; then by paragraphs, to be debated ; and 



Rules of 
the con- 
vention. 



Matter in 
writing. 



Commit' 
tees. 



Questions 
of order. 



again, with the amendments, if any, made on the 
second reading, and afterwards the question shall be 
put upon the whole, amended, or approved in its orig- 
inal form, as the case shall be. 

XI. That committees shall be appointed by ballot ; 
and that the members who have the greatest number 
of ballots, although not a majority of the votes present, 
be the committee. When two or more members have 
an equal number of votes, the member standing first on 
the list in the order of taking down the ballots shall be 
preferred. 

XII. A member may be called to order by any other 
member, as well as by the president; and may be 
allowed to explain his conduct, or expressions, sup- 
posed to be reprehensible ; and all questions of order 
shall be decided by the president, without appeal or 
debate. 

Of adjourn- XIII. Upon a question to adjourn, for the day, which 
ment - may be made at any time, if it be seconded, the ques- 
tion shall be put without debate. 
Respect to XIV. When the house shall adjourn, every member 
dent PreSi " sna11 stand in llis P lace until" the president pass him. 
Additional Tuesday, May 29*A. The following additional rules 
rules. were adopted, to be added to the foregoing, as the 

standard rules of the house. 
Absence of XV. That no member be absent from the house, so 
members. ag tQ interrupt the representation of the state, without 
leave. 



THE UNITED STATES OF AMERICA. 939 

UNDER THE CONFEDERATION. PART IV. 

XYI. That committees do not sit whilst the house The Fed- 
shall be, or ought to be, sitting. ventio^at 

XVII. That no copy be taken of any entry on the PWiadei- 
journal during the sitting of the house, without the 14^' 1^7. 
leave of the house. That members only be permitted 

to inspect the journal. 

XVIII. That nothing spoken in the house be printed, Publicity 
or otherwise published, or communicated, without leave, C e e &n"-s. 

XIX. That a motion to reconsider a matter which 

had been determined by a majority, maybe made, with Motions to 
leave unanimously given, on the same day in which the re consider. 
vote passed ; but otherwise, not without one day's pre- 
vious notice ; in which last case, if the house agree to 
the reconsideration, some future day shall be assigned 
for that purpose. 



The adoption of these rules completed the organi- 
zation of the Convention, and the house proceeded at 

once to action on the matter for which it was assem- Mr- Ru- 
dolphs 

bled. Resolutions for the correction and amendment Resoiu- 
of the Confederation were submitted by Mr. Edmund^],™. 
Randolph of Virginia, embodying the plan of a repub- federation. 
lican- national government. Whereupon it was 

" Resolved, That the house will to-morrow resolve 
itself into a committee of the whole house to consider 
of the state of the American Union : And 

" Ordered, That the propositions this day laid before 
the house, for their consideration, by Mr. Randolph, be 
referred to saidr committee." 

Mr. Charles Pinckney, one of the deputies from Mr. Pinck- 
South Carolina, then laid before the house, for their ^J^ f^ 
consideration, " The draft of a plan for a federal gov- erai gov- 
ernment, to be agreed upon between the free and inde- ernmen ■ 
pendent states of America;" which was read and re- 
ferred to the same committee, when the convention 
adjourned " till to-morrow morning at 10 o'clock." 

Wednesday, May 30, 1787. The Convention met 
pursuant to adjournment, and, the order of the day 



940 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Fed- being read, resolved itself into a committee of the 
ventionat wno ^ e nouse to consider of the state of the American 
Phikdei- Union ; when the respective propositions above referred 
uth iw. to became the subject of discussion. 



The meeting of the Federal Convention was the cul- 
mination of a perilous era in our political annals, and 
foreshadowed the last grand epoch in the governmental 
history of the United States of America. The peculiar 
condition of the nation had impressed upon the minds 
of all serious and reflecting men in the land, the neces- 
sity of more efficient powers in the general government 
in order to perfect and perpetuate the national union. 
Import- The alternative presented was neither an ordinary or 
crisis° C an indifferent one. It was a choice between political 
existence and political death. It was, whether the 
nation should be dismembered by a dissolution of the 
union in anarchy and confusion, its national character 
lost ; or whether it should survive as one sovereign, 
independent, free power on earth. It was necessary 
not only to the preservation of the people of America 
from the indignant resentment of the foe they had just 
vanquished and compelled to concede their independ- 
ence ; but it was also necessary to preserve the states, 
in their separate political associations, from the strifes, 
animosities, jealousies, and rivalries, which might spring 
up between them, that the national union should be 
continued. Where or how could they promise them- 
selves safety or continuance as independent, separated, 
perchance hostile, sovereignties ? The independence 
of America had been acknowledged by foreign powers 
in her united national capacity, and under a pledge on 
the part of the people and the states, to each other, to 
foreign nations, and to mankind, that that capacity was 
a thing of perpetual duration. Who could say, if they 
abandoned or lost that character, that their independ- 
ence would be any longer recognized or respected ? 
Or that the parent state would not again seek to extend 



THE UNITED STATES OF AMERICA. 941 

UNDER THE CONFEDERATION. PART IV. 

her sovereignty over them ? Or that their own great The Fed- 
Ally, whose armies and whose loans had aided the^™\j^ t 
achievement of their independence, might not, as aPWiadei- 
resentful creditor, bring them into a subjection more 14th, ini. 
servile and abject than their former dependence upon 
the crown of Great Britain ? What assurance was 
there, that one might not fall under the domination of 
an adjoining province, the larger and more powerful 
crush the smaller and the feeble, and thus the elements 
of strife, dissension, and bloodshed, be perpetuated in 
the land ? 

These were momentous considerations. They in-i mp ort- 
volved not only the peace and prosperity of the states, an . c ? of the 
but the more vital interests, the freedom and happiness, 
of the whole American people. The question was full 
of awful and thrilling import : Should they reap for 
themselves, and transmit to their posterity, the invalu- 
able benefits of a revolution, the achievement of which 
had filled the whole civilized world with amazement ; 
or should they lose them all by an unnatural and inglo- 
rious alienation, hostility, and discord, among them- 
selves ? 

The Convention sat with closed doors, and its whole 
proceedings were done in secret. The injunction of 
secrecy, as we may gather from the rules, was sacred 
and strong ; so strong, writes Luther Martin, a dele- 
gate from the state of Maryland, "that the members 
, were thereby prevented from corresponding with gen- 
tlemen in the different states upon the subjects under 
discussion. So extremely solicitous were they that 
their proceedings should not transpire, that the mem- 
bers were prohibited even from taking copies of reso- 
lutions on which the convention were deliberating, or* Y 
extracts of any kind from the journals, without form- and Lan- 
ally moving for, and obtaining permission by, a vote of n 'o t f s 3 . 
the Convention for that purpose."* 

Hence it occurs that we have very scanty materials 
for judging of its deliberations. Enough is developed, 



942 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

The Fed- however, to assure us that the members of the conven- 

ventionat ^ on ^ ^ ie ^ u ^ f° rcG °^ ^ ie * r P os iti on an ^ their re- 
Phiiadel- sponsibility. That they were strongly impressed with 
14th, lili. the necessity and importance of a union of purpose, 
of interest, and of affection, between the people and 
the states of America. Yet they had to contend with 
no ordinary obstacles in the way of securing so desira- 
ble a result. Theirs was indeed no ordinary under- 
taking. The political annals of mankind contained no 
record of a similar experience. Right before them 
they beheld a great and growing people, suddenly 
Complici- thrown into a position of independence, of pride, and 

lies of* thp 

conven- °f power, among the nations of the earth. In the 
tion. vista of the future they saw a still greater and more 
extended nation, subdivided into still increasing and 
powerful political associations, each in turn coming for- 
ward to derive its position and relations in the Confed- 
eracy from the combined elements of political sover- 
eignty and independence centered in the great national 
body. For these they were to provide, for these they 
were to legislate. For these they were called upon to 
frame the fabric of a supreme national government ; one 
which might remove the perils and embarrassments of the 
present, while it provided for the wants and the changes 
of the future. In the allotment and distribution of its 
powers, they must calculate with a nice exactness their 
practical import and operation. They must foresee 
the occasion and the necessity for limitations and re- 
strictions. They must be careful not to give too much, 
they must be alike cautious lest they confer too little. 
The principal subject which, more than any other, 
Sovereign- embarrassed the action of the convention, was that to 
ty in the wn i cn I have frequently referred as the great defective 
element in the compact of the Confederation ; the sov- 
ereignty of the states. I have elsewhere already re- 
See ante marked, that the states, as such, were never in any 
pp. 536, sense sovereign, although in a certain sense they may 
57 1, 685! have been independent of each other, aside from that 



THE UNITED STATES OF AMERICA. 943 

UNDER THE CONFEDERATION. PART IV. 

compact. In other words, whatever of sovereignty they The Fed- 
now enjoyed, was necessarily derived to them under the ventiorTat 
articles of confederation. Hence, soon after their ratifi- Phiiadei- 

... mi phia, May 

cation, there arose two parties in America, lhe one i4th, 1787. 
regarded the Confederation as an alliance between the 
states as independent republics ; the other, as a league 
of union between the people of America. The one 
called it a federal alliance, the other a national com- 
pact. The one party were called federalists, the other 
republicans. But, in their political controversies, nei- 
ther seemed to refer to the Confederation as a compact 
whose chief aim was, to perpetuate a union formed 
before the existence of any distinct state organizations. 
Neither seemed to take note of the fact, that there was 
no formal adoption of a state constitution by any one 
of the states, until after the proposition for a compact 
of perpetual union, contained in the Confederation. 

Mr. Madison, indeed, contended in the present con 
vention, and rightfully too, "that the states never pos-Mr. Madi- 
sessed the essential rights of sovereignty; that these sou ° n 

° G J ' state sov- 

were always vested in Congress ; that their voting as ereignty. 
states in Congress was no evidence of their sovereignty, 
any more than in the state of Maryland, voting by coun- 
ties made the counties sovereign." He also claimed, 
" that the states ought to be placed under the control 
of the general government, at least as much so as they 
formerly were under the king of Great Britain and par- 
liament" Yet Mr. Madison seemed to forget, or over- 
look the fact, that the compact of the confederation had 
itself conferred upon the states a sovereignty not other- 
wise belonging to them. And this was the very sover- 
eignty which the states seemed unwilling to relinquish. 
It was competent, however, to a convention as fully 
empowered " to revise, alter and amend " that compact, 
as the original conventions were to ratify it, to revoke 
this grant of sovereignty to the states, so far forth as 
necessary, and restore it, at least with their assent, to 
the general government. 



944 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



The Fed- 
eral Con- 
vention at 
Philadel- 
phia, May, 
14th, 1787 

State sov- 
ereignty 
and the 
general 
govern- 
ment. 



Mr. Wil- 
son. 



Mr. C. 
Pinckney. 



Alexander 
Hamilton. 



* The con- 
vention. 



Mr. James Wilson of Pennsylvania, said, " a citizen 
of America ought to consider in what character he acts 
in forming a general government. I am both a citizen 
of Pennsylvania and of the United States. I must 
therefore lay aside my state connections and .act for the 
general good of the whole. We must forget our local 
habits and attachments. The general government 
should not depend on the state governments. This 
ought to be a leading distinction between the one and 
the other. Nor ought the general government to be 
composed of an assemblage of different states. When 
we are laying the foundation of a building which is to 
last for ages, and in which millions are interested, it 
ought to be well laid. If the national government does 
not act on state prejudices, state distinctions will be 
lost. The people expect relief from their present em- 
barrassed situation, and look up for it to this national 
convention ; and it follows that they expect a national 
government. But, if no state will part with any of its 
sovereignty, it is in vain to talk of a national govern- 
ment." 

Mr. Charles Pinckney, of South Carolina, said, " Our 
government must be made suitable to the people, and 
we are perhaps the only people in the world who ever 
had sense enough to appoint delegates to establish a 
general government. But a general government must 
not be made dependent on the states." 

Mr. Alexander Hamilton of New York, said, " I have 
well considered the subject, and am convinced that no 
amendment of the Confederation can answer the pur- 
pose of a good government, so long as state sovereign- 
ties do, in any shape, exist. I can say for the state I 
have the honor to represent, that when our credentials 
were under consideration in the senate, some members 
were for inserting a restriction in the powers, to pre- 
vent encroachment on the constitution. It was an- 
swered by others, and therefore the resolve carried on 
the credentials, that it* might abridge some of the con- 



THE UNITED STATES OP AMERICA. 945 

UNDER THE CONFEDERATION. PART. IV- 

stitutional powers of the state, and that possibly in the The Fed- 
formation of a new union it would be found necessary. ^^0^ 
This appears reasonable, and leaves us at liberty toPhiiadcl- 
form such a national government as we think best 14th', 1787. 
adapted for the good of the whole. We must estab- 
lish a general and national government, completely sov- 
ereign, and annihilate the state distinctions and state 
operations ; and unless we do this, no good purpose 
can be answered." 

Mr. Madison, of Virginia, said, " I apprehend the Mr. Madi- 
greatest danger is from the encroachment of the states son " 
on the national government. This apprehension is 
justly founded on the experience of ancient Confed- 
eracies, and our own is a proof of it. If it were the 
case that the national government usurped the state 
government, if such usurpation was for the good of the 
whole, no mischief conld arise. To draw the line be- 
tween the two is a difficult task. I believe it cannot 
be done, and therefore I am inclined for a general gov- 
ernment. If we cannot form a general government, 
and the states become totally independent of each other, 
it would afford a melancholy prospect." 

Rufus King, of Massachusetts, said, " none of the Rufus 
states are now sovereign or independent. Many of DS " 
these essential rights are vested in congress. Congress 
by the confederation, possess the rights of the United 
States. This is a union of the men of those states. 
None of the states, individually or collectively, but in 
congress, have the rights of peace or war. The mag- 
istracy in congress possess the sovereignty. To certain 
points we are now a united people ; consolidation is 
already established." 

It is evident from these sketches, meagre as they are, 
that the great controversy in the Convention, originated 
upon the prerogatives of sovereignty claimed by the 
states under the compact of -the confederation, in opposi- 
tion to the powers originally inherent in congress and 
necessary to the general government. Out of this 
60 



946 THE GOVERNMENTAL HISTORY OP 



Part IV. the permanent union 



The Fed- question of state sovereignty there arose another, 
eral Con- eQua u y intricate and embarrassing to the action of the 

vention at l J ° . 

Phikdei- convention. That was, the equalization of the states. 
14th P787. For it was contended, if the states are to retain the 
sovereignty with which they claim to be invested under 
the confederation, then let their territorial limits and 
their constitutional jurisdictions be equalized. 
Equaliza- " On the principle that each state in the union is 
states. sovereign," said Judge Brearly, of New Jersey, " con- 
gress, in the articles of confederation, determined that 
Judge eacli state in the public councils had one vote. If the 
Brearly. s tates still remain sovereign, to apportion the right of 
suffrage in the national legislature, (as proposed,) to 
the quotas of contribution, or to the number of inhab- 
itants, is founded on principles of injustice. If we must 
have a national government what is the remedy ? Lay 
the map of the confederation on the table, and extin- 
guish the present boundary lines of the respective state 
jurisdictions, aird make a new division so that each state 
is equal; then a government on the present system will 
be just." 
Mr.Patter- Mr. Patterson, of New Jersey, said, " every sover- 
eign state, according to the confederation, must have 
an equal vote, or there is an end to liberty. As long, 
therefore, as state distinctions are held up, this rule 
must invariably apply. And if a consolidated national 
government must take place, then state distinctions 
must cease, or the states must be equalized." 
Mr. Wil- Mr. Wilson, of Pennsylvania, said, " If there was a 
son ' probability of equalizing the states, he would be for it." 

Rufus Mr. Rufus King, of Massachusetts, "thought it 

King * would be better first to establish the principle, whether 
we will depart from federal grounds in forming a na- 
tional government." 
Mr. Lan- Mr. Lansing, of New York, said, " if we devise a 
6mg " system of government which will not meet the appro- 

bation of our constituents, we are dissolving the union. 
The excellence of the British model of government has 



THE UNITED STATES OF AMERICA. 947 

UNDER THE CONFEDERATION. PART IV. 

been much insisted on, but we are endeavoring to com- The Fed- 
plicate it with state governments, on principles which venUon^at 
will gradually destroy the one or the other." Phiiadei- 

" Foreign states," Mr. Sherman, of Connecticut, sug- ulh, i7sr 
gested, " have made treaties with us as confederated 
states, not as a national government. Suppose we put Mr. Sher- 
an end to that government under which those treaties man - 
were made, will not those treaties be void ? " 



It was evident — and the opinion of the Convention 
was — that the compact of the confederation could not 
be so amended as to render it a competent national Abolition 
constitution. The necessity of its entire abolition federation 
was conceded by all. This necessity gave rise to necessar ?- 
various suggestions, which, with the propositions sub- 
mitted, evoked the discussions from which I have 
made the foregoing extracts. Partial confederacies, 
composed of a less number of states ; a northern, and 
a southern confederacy, were talked of. But neither 
of these propositions was seriously entertained, as each 
involved a dissolution of the general union, which was 
regarded on all sides as a calamity too fearful to con- 
template. 

The aspect of affairs, in the Convention as well as out 
of it, at this time, is well set forth in a letter written 
by Mr. Edmund Randolph, one of the members from 
Virginia, to the speaker of the general assembly of that 
state, in which he says, "the Confederation was totter- Letter of 
ing from its own weakness and the sitting of the Con- ^ ^ an " 
vention is a signal proof of its total insufficiency. In 
my humble judgment, the powers by which alone the 
blessings of a general government can be accomplished, 
cannot be interwoven in the confederation without a 
change in its very essence. Or, in other words, the 
confederation must be thrown aside. But to whom shall 
we commit these acts of authority, these additional 
powers ? The new powers must be deposited in a new 
body, growing out of a consolidation of the union as far 



948 THE GOVERNMENTAL HISTORY OF 

Part IV. the permanent union 

The Fed- as the circumstances of the states will allow. Among 
ventionat tne u P r ig'ht an( ^ intelligent, few can read without emo- 
Phiiadei- tion the future fate of the states if severed from each 
14th, n 87. other. Then shall we learn the full weight of foreign 
intrigue. Then shall we hear of partitions of our 
Abolition country* If a prince, influenced by the lust of con- 
federation" ( l uest J should use onQ s ^te as the instrument of en- 
necessary, slaving others ; if every state is to be wearied by per- 
petual alarms, and compelled to maintain large military 
establishments ; if all questions are to be decided by an 
appeal to arms, where a difference of opinion cannot 
be removed by negotiation ; in a word, if all the dire- 
Letter of ful misfortunes which haunt the peace of rival nations 
dolpb. aD " are *° triumph over the land ; for what have we con- 
tended ? W7iy have we exhausted our wealth ? Why 
have we basely betrayed the heroic martyrs of the fed- 
eral cause ? 

" Let it not be forgotten, that nations which can en- 
force their rights have large claims against the United 
States, and that the creditor may insist on payment 
from any of them. "Which of them would probably be 
the victim ? The most productive, and the most ex- 
posed. When vexed with reprisals or war, the southern 
states will sue for allegiance on this continent, or be- 
yond the sea. If for the former, the necessity of an 
union of the whole is decided ; if for the latter, 
America will, I fear, react the scenes of confusion and 
bloodshed exhibited among most of those nations which 
have too late repented the folly of relying upon aux- 
iliaries." 
Character There never was a more capable, upright, and august 
venUon. OU bod y of men > brought together for political purposes, in 
any age, or in any country, than those who composed 
this Federal Convention. The people of each state in 
the union had selected their ablest and most distin- 
guished statesmen as delegates to it, and at the head 
of them all was General George Washington, in every 
sense the presiding genius of the convention. Each 



THE UNITED STATES OF AMERICA. 949 

UNDER THE CONFEDERATION. PART IV. 

member seemed conscious of an accountability which The Feder- 
made him individually answerable for the combined *M^ ven " 
action of the whole body. Every proposition that was Phiiadel- 
submitted was devised with care, offered with diffidence, 14th', 1787. 
and urged with seriousness, solemnity, and candor. 
Every point was well considered, and every argument 
was uttered with gravity and sincerity ; every expres- 
sion even seemed measured, discriminative, and con- 
servative. There was no carping criticism, no captious 
declamation, no malicious invective, no personal vitu- 
peration, no envious raillery. But, notwithstanding, 
all their deliberations were at fault. The wisest were The Con- 
bewildered, the most hopeful were dismayed ; each sat J^ 1011 at 
and looked at the other with an earnest anxiety almost 
bordering on despair, depicted upon the countenance, 
while discussion was ominously at rest. At this criti- 
cal conjuncture Dr. Franklin rose in his place. He Motion of 
was known to speak with wisdom, and without preju- lin *' fo ™ n " 
dice. Immediately all eyes were turned towards him, daily 
and none more imploringly than the president of the y 
convention. Dr. Franklin himself paused with emo- 
tion. Presently he broke the stillness which prevailed. 
He commenced by reading a paper setting forth the 
difficulties and importance of the matter before them. 
"Neither ancient or modern history," he said, "can 
give us light. As a sparrow does not fall without 
Divine permission, can we suppose that governments can# gee 
be erected without His will ? We shall, I am afraid, Yate ? a °d 
be disgraced through little party views — I move that we notes. 
have prayers every morning"* 

The motion sent a thrill through every frame, it 
touched every heart, and .was responded to by the 
gleaming countenances, quickened pulsations, and 
hopeful aye of every member present ; heavily im- 
pressed with a deep sense of their responsibility, the 
Convention adjourned ; thereafter daily recognizing its 
necessity, and invoking the Divine illumination on their 
deliberations. 



950 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Feder- After many weeks further consideration, the conven- 
tion at VGn ti° n came to the conclusion that the existing compact 
Phiiadei- of the confederation must be entirely abandoned. Two 
14th, 1787. plans for the establishment of a general government 
were now before it for its consideration. One on the 
federal basis proposed by New -Jersey, the other on the 
republican basis ; the plan proposed by Mr. E. Ran- 
dolph of Virginia. I should be glad to incorporate the 
whole discussion into "this work, but can only say in 
brief, that the conclusion was, that it was necessary to 
depart measurably from federal grounds in forming a 
national government, and to a certain extent, to put 
A f bolltl i )n away state governments in order to remove all cause 
federation of jealousies ; that the national union must be estab- 
ed^on™ 111 ' listed on the basis of a republican government, with 
supreme power over all ; that no state should have it 
in its power to change its government into a monarchy ; 
that a permanent, powerful, and effective mode of gen- 
eral administration was necessary, and ought to be es- 
tablished ; and that this, in the language of Mr. Ran- 
dolph, " was the only moment that it could be done." 
Their re- On the seventeenth day of September, the draft of 
congress, the present Constitution was adopted by the convention, 
Sept. 17th, an( j re p 0r ted to Congress, with resolutions and a letter 
accompanying it, as follows : 

The Constitution. 
Preamble. We, the people of the United States, in order to form 
a more perfect union, establish justice, ensure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to ourselves and our posterity, do ordain and establish 
this Constitution for the United States of America. 

ARTICLE I. 

Section I. 
Legisia- 1. All legislative powers herein granted, shall be 
tive pow- ves t e(1 in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 



era 



THE UNITED STATES OP AMERICA. 951 

UNDER THE CONFEDERATION. PART IV. 

o tt The Con- 

Section II. stitution 

1. The House of Representatives shall be composed bTtheFed- 
of members chosen every second year, by the people of eral . Con " 
the several states ; and the electors in each state shall congress, 
have the qualifications requisite for electors of the most ^^ 17th > 
numerous branch of the state legislature. 

2. No person shall be a representative who shall not 
have attained to the age of twenty-five years, and been 
seven years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that state 
in which he shall be chosen. 

3. Representatives and direct taxes shall be appor- The house 
tioned among the several states which may be included gcntaUves 
within this union, according to their respective num- 
bers, which shall be determined by adding to the whole 
number of free persons, including those bound to ser- 
vice for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual 
enumeration shall be made within three years after the 

first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such 
manner as they shall by law direct. The number of 
representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one repre- 
sentative ; and until such enumeration shall be made, 
the state of New-Hampshire shall be entitled to choose 
three ; Massachusetts eight ; Rhode Island and Provi- 
dence Plantations one ; Connecticut five ; New- York 
six ; New-Jersey four ; Pennsylvania eight ; Delaware 
one ; Maryland six ; Virginia ten ; North Carolina five ; 
South Carolina five ; and Georgia three. 

4. When vacancies happen in the representation y acancies 
from any state, the executive authority thereof shall how ^d- 
issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their 
speaker and other officers, and shall have the sole 
power of impeachment. 



952 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Con- TTT 

stitution Section III. 

reported 

by the Fed- 1. The Senate of the United States shall be com- 
Tentionto P ose( * of two senators from each state, chosen by the 

congress, legislature thereof, for six years ; and each senator 

Sept. 17th, ° 

1787, shall have one vote. 

2. Immediately after they shall be assembled in con- 
sequence of the first election, they shall be divided, as 
equally as may be, into three classes. The seats of the 
senators of the first class shall be vacated at the expi- 
ration of the second year, of the second class at the 
expiration of the fourth year, and of the third class at 
the expiration of the sixth year, so that one-third may 

Thesenate.be chosen every second year; and if vacancies happen 
by resignation or otherwise, during the recess of the 
legislature of any state, the executive thereof may 
make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a senator who shall not have 
attained to the age of thirty years, and been nine years 
a citizen of the United States, and who shall not, when 
elected, be an inhabitant of that state for which he shall 
be chosen. 

4. The Vice-president of the United States shall be 
president of the Senate, but shall have no vote, unless 
they be equally divided. 

5. The Senate shall choose their other officers and 
also a president pro tempore, in the absence of the Vice- 
president, or when he shall exercise the office of Pres- 
ident of the United States. 

6. The Senate shall have the sole power to try all 
impeachments. When sitting for that purpose, they 
shall be on oath or affirmation. When the President 
of the United States is tried, the chief justice shall pre- 
side ; and no person shall be convicted without the con- 
currence of two-thirds of the members present. 

7. Judgment m cases of impeachment shall not ex- 
tend further than to removal from office, and disquali- 



THE UNITED STATES OP AMERICA. 953 

•^ 1 1 

UNDER THE CONFEDERATION. PART IV. 

fication to hold and enjoy any office of honor, trust, or The Con- 

profit, under the United States ; but the party convicted f^™* d 

shall nevertheless be liable and subject to indictment, by the Fed- 

j • i era l < -' on " 

trial, judgment, and punishment, accordmg to law. vention to 

congress, 
„ TTr Sept. 17 th, 

Section IV. itsy. 

1. The times, places, and manner of holding elections Election 
for senators and representatives shall be prescribed in an dre P re- 
each state by the legislature thereof; but the Congress sentatives. 
may, at any time, by law, make or alter such regula- 
tions, except as to the places of choosing senators. 

2. The Congress shall assemble at least once in 
every year, and such meeting shall be on the first Mon- 
day in December, unless they shall by law appoint a 
different day. 

Section V. 

1. Each house shall be the judge of the elections, Member- 
returns, and qualifications of its own members ; and a regulations 
maioritv of each shall constitute a quorum to do busi-" 1 eaca 

J ~ m house. 

ness ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance 
of absent members, in such manner and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its pro- 
ceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a mem- 
ber. 

3. Each house shall keep a journal of its proceedings, 
and from time to time publish the same, excepting 
such parts as may in their judgment require secrecy ; 
and the yeas and nays of the members of either house 
on any question, shall, at the desire of one-fifth of those 
present, be entered on the journal. 

4. Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that 
in which the two houses shall be sitting. 



954 THE GOVEENMENTAL HISTOKY OP 

Part IV. the permanent union 

The Con- ,-,-, 

stitution Section VI. 

reported •_ . 

by the Fed- 1. The senators and representatives shall receive a 
ventionto compensation for their services, to be ascertained by- 
congress, law, and paid out of the treasury of the United States. 
1787. ' They shall, in all cases, except treason, felony, and 
Compensa- breach of the peace, be privileged from arrest during 
senator their attendance at the session of their respective 
and repre- houses, and in going to or returning from the same ; 
ives. an( j £ or an y S p eec h or d eDa t e in either house, they 

shall not be questioned in any other place. 
Disability. 2. No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States, 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time ; 
and no person holding any office under the United 
States, shall be a member of either house during his 
continuance in office. 

Section VII. 

The legis- 1- All bills for raising revenue shall originate in the 
lative rou- House of Representatives ; but the Senate may pro- 
pose or concur with amendments, as on other bills. 

2. Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a law, be presented to the President of the United 
States ; if he approve, he shall sign it ; but if not, he 
shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the ob- 
jections at large on their journal, and proceed to re- 
consider it. If, after such reconsideration, two-thirds 
of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, 
by which it shall likewise be re-considered, and if ap- 
proved by two-thirds of that house, it shall become a ' 
law. But in all cases, the votes of both houses shall 
be determined by yeas and nays; and the names of the 



THE UNITED STATES OP AMERICA. 955 

UNDER THE CONFEDERATION. PART IV. 

persons voting for and against the bill, shall be entered The Con- 
on the journal of each house respectively. If any bill Sported 
shall not be returned by the President within ten days by the Fed- 
(Sundays excepted) after it shall have been presented Te ntion to 
to him, the same shall be a law in like manner as if he £ on s r !;!?, 
had signed it, unless the congress, by their adjourn- 1787. 
ment, prevent its return ; in which case it shall not be 
a law. 

3. Every order, resolution, or vote, to which the 
concurrence of the Senate and House of Representa- 
tives may be necessary, (except on a question of ad- 
journment,) shall be presented to the President of the 
United States ; and before the same shall take effect, 
shall be approved by him, or, being disapproved by 
him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 

Section VIII. 
The Congress shall have power : 

1. To lay and collect taxes, duties, imposts, and General 
excises ; to pay the debts, and provide for the common the con- 
defence and general welfare of the United States ; but gress * 
all duties, imposts, and excises, shall be uniform 
throughout the United States : 

2. To borrow money on the credit of the United 
States : 

3. To regulate commerce with foreign nations, and 
among the several states, and with the Indian tribes : 

4. To establish an uniform rule of naturalization, 
and uniform laws on the subject of bankruptcies, 
throughout the United States : 

5. To coin money, regulate the value thereof, and 
of foreign coin, and fix the standard of weights and 
measures : 

6. To provide for the punishment of counterfeiting 
the securities and current coin of the United States : 

7. To establish post-offices and post-roads : 



956 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Con- 8. To promote the progress of science and. useful 
reported arts ' b y securing, for limited times, to authors and 
bythe Fed- inventors, the exclusive right to their respective wri- 

eral Con- ,. -, •,. 

vention to tm g s and discoveries : 

congress, 9, To constitute tribunals inferior to the supreme 
1787. ' court : To define and punish piracies and felonies com- 
mitted on the high seas, and offences against the law 
of nations : 

10. To declare war, grant letters of marque and re- 
prisal, and make rules concerning captures on land and 
water : 

11. To raise and support armies ; but no appropria- 
tion of money to that use shall be for a longer term 
than two years : 

12. To provide and maintain a navy: 

13. To make rules for the government and regula- 
tion of the land and naval forces : 

14. To provide for calling forth the militia to exe- 
cute the laws of the union, suppress insurrections, and 
repel invasions : 

15. To provide for organizing, arming, and disci- 
plining the militia, and for governing such part of them 
as may be employed in the service of the United States, 
reserving to the states respectively, the appointment 
of the officers, and the authority of training the 
militia, according to the discipline prescribed by con- 
gress : 

16. To exercise exclusive legislation, in all cases 
whatsoever, over such district (not exceeding ten miles 
square) as may, by cession of particular states, and the 
acceptance of congress, become the seat of govern- 
ment of the United States, and to exercise like author- 
ity over all places purchased by the consent of the leg- 
islature of the state in which the same shall be, for 
the erection of forts, magazines, arsenals, dock-yards, 
and other needful buildings ; and, 

17. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers. 



THE UNITED STATES OF AMERICA. 957 

UNDER THE CONFEDERATION. PART IV. 

and all other powers vested by this Constitution in the The Con- 
go vernnient of the United States, or in any department reported 
or officer thereof. b ? *• Fcd " 

eral Con- 
vention to 

Section IX. g^Sh, 

1. The migration or importation of such persons as 

any of the states now existing shall think proper toimporta- 
admit, shall not be prohibited by the congress prior to ^ruin 
the year one thousand eight hundred and eight ; but a persons. 
tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall Habeas 
not be suspended, unless when, in cases of rebellion or orpus ' 
invasion, the public safety may require it. 

3. -No bill of attainder, or ex post facto law, shall be Attainder, 
passed. 

4. No capitation, or other direct tax, shall be laid, Taxes, 
unless in proportion to the census or enumeration 
herein before directed to be taken. 

5. No tax or duty shall be laid on articles exported State priv- 
from any state. No preference shall be given, by any s 
regulation of commerce or revenue, to the ports of one 

state over those of another ; nor shall vessels bound to 
or from one state be obliged to enter, clear, or pay 
duties in another. 

6. No money shall be drawn from the treasury, but Draft of 
in consequence of appropriations made by law ; and a JvomThe 
regular statement and account of the receipts and ex- treasui 7- 
penditures of all public money shall be published from 

time to time. 

7. No title of nobility shall be granted by the United Titles of 
States, and no person holding any office of profit or 110 
trust under them, shall, without the consent of the 
congress, accept of any present, emolument, office, or 

title, of any kind whatever, from any king, prince, or 
foreign state. 



958 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Con- SECTION X. 

Btitution 

reported 1. No state shall enter into any treaty, alliance, or 
erai Con- " confederation ; grant letters of marque and reprisal ; 
vention to com money ; emit bills of credit ; make any thing but 

congress, ,,'-,« . -, . » •, 

Sept. 17th, gold and silver coin a tender in payment of debts ; 
1>18 *' pass any bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts ; or grant any title 
of nobility. 
State re- 2. No state shall, without the consent of the Con- 
strictions. g resSj i a y any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing 
its inspection laws ; and the nett produce of all duties 
and imposts, laid by any state on imports or exports, 
shall be for the use of the treasury of the United 
States, and all such laws shall be subject to the revis- 
ion and control of the congress. No state shall, with- 
out the consent of congress, lay any duty of tonnage, 
keep troops or ships of war in time of peace, enter into 
any agreement or compact with another state, or with 
a foreign power, or engage in war, unless actually in- 
vaded, or in such imminent danger as will not admit 
of delay. 

ARTICLE II. 

Section I. 

The execu- 1. The executive power shall be vested in a Presi- 
tive power. dent of the United States of America. He shall hold 

his office during the term of four years, and, together 
with the Vice-President, chosen for the same term, be 
elected as follows : 
President 2. Each state shall appoint, in such manner as the 
President legislature thereof may direct, a number of electors 
how cho- equal to the whole number of senators and represent- 
atives to which the state may be entitled in the Con- 
gress ; but no senator or representative, or person hold- 
ing an office of trust or profit under the United States, 
shall be appointed an elector. 



THE UNITED STATES OF AMERICA. 959 

UNDER THE CONFEDERATION. PART IV. 

3. The electors shall meet in their respective states, The Con- 
and vote by ballot for two persons, of whom one at stltutl °Q 

J r reported 

least shall not be an inhabitant of the same state with by the Fed- 
themselves. And they shall make a list of all the per- ventionTo 
sons voted for, and of the number of votes for each ; congress 

! • i t i \ n • i -n -. . i , Sept. 17 th, 

which list they shall sign and certify, and transmit, sealed, 1787. 
to the seat of the government of the United States, 
directed to the president of the senate. The president 
of the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and 
the votes shall then be counted. The person having Election of 
the greatest number of votes shall be the president, if Present, 
such number be a majority of the whole number of President, 
electors appointed ; and if there be more than one who 
have such majority, and have an equal number of 
votes, then the house of representatives shall immedi- 
ately choose by ballot one of them for president ; and 
if no person have .a majority, then, from the five high- 
est on the list, the said house shall in like manner 
choose the president. But in choosing the President, 
the votes shall be taken by states, the representation 
from each state having one vote ; a quorum for this 
purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states 
shall be necessary to a choice. In every case, after the 
choice of the president, the person having the greatest 
number of votes of the electors shall be the vice-presi- * gee 
dent. But if there should remain two or more who amend- 
have equal votes, the senate shall choose from them by xiv., post! 
ballot the vice-president.* 

4. The Congress may determine the time of choosing p )i( j # 
the electors, and the day on which they shall give their 
votes, which day shall be the same throughout the 
United States. 

5. No person except a natural-born citizen of the 
United States, at the time of the adoption of this Con- 
stitution, shall be eligible to the office of president ; 
neither shall any person be eligible to that office who 



960 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

The Con- shall not have attained to the age of thirty-five years, 
reported and been fourteen years a resident within the United 

by the Ped- States. 

ventionTo 6- In case of the removal of the President from office, 
congress or f n i s death, resignation, or inability to discharge 
1787. ' the powers and duties of the said office, the same shall 
devolve on the vice-president, and the congress may 
Removal by law provide for the case of removal, death, resigna- 
of the tion, or inability, both of the president and vice-presi- 
President. d en t, declaring what officer shall then act as president, 
and such officer shall act accordingly, until the disa- 
bility be removed, or a president shall be elected. 
Compensa- 7. The President shall, at stated times, receive for 
his services a compensation, which shall neither be in- 
creased nor diminished during the period for which he 
shall have been elected, and shall not receive within 
that period any other emolument from the United 
States or any of them. 

8. Before he enter on the execution of his office, he 
shall take the following oath or affirmation : 
Oath of 9. "I do solemnly swear, (or affirm,) that I will 

office. faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United 
States." 

Section II. 

Powers 1. The President shall be commander-in-chief of the 

of the pies- arm y an d navy of the United States, and of the militia 
ident. f the several states, when called into the actual serv- 
ice of the United States ; he may require the opinion, 
in writing, of the principal officer in each of the exec- 
utive departments, upon any. subject relating to the 
duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences 
against the United States, except in cases of impeach- 
ment. 

2. He shall have power by and with the advice and 



THE UNITED STATES OP AMERICA. 961 

UNDER THE CONFEDERATION. PART IV. 

j „ — . — — — - — — — - ^^___ _^_^___ . 

consent of the Senate, to make treaties, provided two- The Con- 
thirds of the Senators present concur ; and he shall ^0^ 
nominate, and by and with the advice and consent of bytheFed- 
the Senate, shall appoint, ambassadors, other public ve ntion to 
ministers, and consuls, judges of the supreme court, and £ ongr< ; i L s ', 
all other officers of the United States, whose appoint- 1787. 
ments are not herein otherwise provided for, and which 
shall be established by law ; but the Congress may, by 
law, vest the appointment of such inferior officers as 
they think proper, in the president alone, in the courts 
of law, or in the heads of departments. 

3. The president shall have power to fill up all vacan- 
cies that may happen during the recess of the Senate, 
by granting commissions, which shall expire at the end 
of their next session. 

Section III. 
1. He shall, from time to time, give to the Congress 
information of the state of the Union, and recommend 
to their consideration such measures as he shall judge 
necessary and expedient ; he may, on extraordinary oc- 
casions, convene both houses, or either of them, and in 
case of disagreement between them with respect to the 
time of adjournment, he may adjourn them to such 
time as he shall think proper ; he shall receive ambas- 
sadors and other public ministers ; he shall take care 
that the laws be faithfully executed, and shall commis- 
sion all the officers of the United States. 

Section IV. 
1. The President, Vice-President, an all civil officers Removal 
of the United States, shall be removed from office on 
impeachment for, and conviction of, treason, bribery, 
or other high crimes, and misdemeanors. 

ARTICLE III. 
Section I. 

1. The Judicial power of the United States, shall beThejudi- 
vested in one Supreme Court, and in such inferior ciary ' 
61 



962 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERMANENT UNION 



The Con- courts as the Congress may, from time to time, ordain 
reported an( ^ estaUnsu - The judges, both of the supreme and 
by the Fed- inferior courts, shall hold their offices during good be- 
vention to haviour, and shall, at stated times, receive for their 
s° n f r i7th serv ^ ces ? a compensation, which shall not be diminished 
1787. ' during their continuance in office. 

Section II. 
Jurisdic- 1. The judicial power shall extend to all cases, in law 
judiciary, and equity, arising under this Constitution, the laws 
of the United States, and treaties made, or which shall 
be made, under their authority ; to all cases affecting 
ambassadors, other public ministers and consuls ; to all 
cases of admiralty and maritime jurisdiction ; to con- 
troversies to which the United States shall be a party ; 
to controversies between two or more states, between a 
state and citizens of another state, between citizens of 
different states, between citizens of the same state claim- 
ing lands under grants of different states, and between 
a state, or the citizens thereof, and foreign states, citi- 
zens, or subjects. 

2. In all cases affecting ambassadors, other public 
ministers and consuls, and those in which a state shall 
be party, the Supreme Court shall have original juris- 
diction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under 
such regulations as the Congress shall make. 

3. The trial of all crimes, except in cases of impeach- 
ment, shall be by jury, and such trial shall be held in 
the state where the said crimes shall have been com- 
mitted ; but when not committed within any state, the 
trial shall be at such place or places as the Congress 
may by law have directed. 



Section III. 
Treason, 1. Treason against the United States shall consist 
punish- only in levying war against them, or in adhering to 
their enemies, giving them aid and comfort. No per- 



ment. 



THE UNITED STATES OP AMERICA. 963 

UNDER THE CONFEDERATION. PART IV. 

son shall be convicted of treason unless on the testi- The Con- 
mony of two witnesses to the same overt act, or on con- reported 
fession in open court. bytheFed- 

2. The Congress shall have power to declare the pun- vention to 
ishment of treason ; but no attainder of treason shall o 0n ? r ^\ 

' Sept. 17th, 

work corruption of blood, or forfeiture, except during 1787. 
the life of the person attainted. 

ARTICLE IV. 
Section I. 
1. Full faith and credit shall be given in each state inter-fed- 
to the public acts, records, and judicial proceedings of t^ns^nd 
every other state. And the congress may, by general comity- 
laws, prescribe the manner in which such acts, records 
and proceedings, shall be proved, and the effect 
thereof. 

Section II. 

1. The citizens of each state shall be entitled to all 
privileges and immunities of citizens in the several 
states. 

2. A person charged in any state with treason, felony, Fugitives 
or other crime, who shall flee from justice, and be found ^ om J us ' 
in another state, shall, on demand of the executive 
authority of the state from which he fled, be delivered 

up, to be removed to the state having jurisdiction of 
the crime. 

3. No person held to service or labor in one state, From ser- 
under the laws thereof, escaping into another, shall, in J^' see 
consequence of any law or regulation therein, be dis-P- 8 ? 2 - 
charged from such service or labor ; but shall be deliv- 
ered up on claim of the party to whom such service or 

labor may be due. 

Section III. 

1. New states may be admitted by the Congress into New states - 
this union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, nor any state 
be formed by the junction of two or more states, or 



THE GOVERNMENTAL HISTORY OF 



Taut IV. the permanent union 



The Con- parts of states, without the consent of the legislatures 
reported °*- tne states concerned, as well as of the Congress, 
by the Fed- 2. The Congress shall have power to dispose of, and 
veution to rnake all needful rules and regulations respecting, the 
congress territory or other property belonging to the United 
1787. ' States ; and nothing in this Constitution shall be so 
construed as to prejudice any claims of the United 
provision. States, or of any particular state. 

Section IV. 

Guarantee 1. The United States shall guaranty to every state 
states. * n this union a republican form of government, and 
shall protect each of them against invasion ; and, on 
application of the legislature, or of the executive (when 
the legislature cannot be convened), against domestic 
violence. 

ARTICLEV. 

Provision 1. The Congress, whenever two-thirds of both houses 
m l* t ' shall deem it necessary, shall propose amendments to 
this Constitution ; or, on the application of the legisla- 
tures of two-thirds of the several states, shall call a con- 
vention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as part 
of this Constitution, when ratified by the legislatures 
of three-fourths of the several states, or by conventions 
in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress ; pro- 
vided, that no amendment which may be made prior to 
the year one thousand eight hundred and eight, shall 
in any manner affect the first and fourth clauses in the 
ninth section of the first article ; and that no state, 
without its consent, shall be deprived of its equal 
suffrage in the Senate. 

ARTICLE VI. 
Public 1. All debts contracted and engagements entered 

theU.s!A. into > before tne adoption of this Constitution, shall be 



THE UNITED STATES OF AMERICA. 965 

UNDER THE CONFEDERATION. PART IV. 

as valid against the United States under this Constitu- The Con- 
tion, as under the Confederation. reported 

2. This Constitution, and the laws of the United by the Fed- 
States which shall be made in pursuance thereof; and vention to 
all treaties made, or which shall be made, under the j^Tmii 
authority of the United States, shall be the Supreme 1*737. 
Law of the land ; and the judges in every state shall 

be bound thereby ; any thing in the Constitution or of the'con^ 
laws of any state to the contrary notwithstanding. stitution. 

3. The senators and representatives before men-oathof 

tioned, and the members of the several state legisla- f Ue s iance 
7 ° to. 

tures, and all executive and judicial officers, both of 
the United States and of the several states, shall be 
bound by oath or affirmation, to support this Constitu- 
tion ; but no religious test shall ever be required as a No relig- 
qualification to any office or public trust under the lous test - 
United States. 

ARTICLE VII. 

1. The ratification of the conventions of nine states, Ratifica- 
shall be sufficient for the establishment of this Consti- 
tution between the states so ratifying the same. 

Done in Convention, by the unanimous consent of the 
states present, the seventeenth day of September, in 
the year of our Lord one thousand seven hundred 
and eighty-seven, and of the Independence of the 
United States of America, the twelfth. In witness 
whereof, we have hereunto subscribed our names. 

GEORGE WASHINGTON, 

President, and deputy from Virginia. 

NEW HAMPSHIRE. tas 

John Langdon, Nicholas Gilman. berT^o 

MASSACHUSETTS. refort. ^ 
Nathaniel Gorham, Rufus King. 

CONNECTICUT. 
Wm. Samuel Johnson, Roger Sherman. 



966 



THE GOVERNMENTAL HISTORY OF 



Pabt IV. 



The Con- 

stitution 
reportedi 
by the Fed- 
eral Con- 
vention to 
congress, 
Sept. 1787. 



Names of 
members 
who signed 
the report. 



THE PERMANENT UNION 



NEW YORK. 

Alexander Hamilton. 

NEW JERSEY. 



William Livingston, 
Dayid Brearley, 



William Patterson, 
Jonathan Dayton. 



PENNSYLVANIA. 



Benjamin Franklin, 
Thobias Mifflin, 
Robert Morris, 
George Clymer, 



Thomas Fitzsimons, 
Jared Ingersoll, 
James Wilson, 
Governeur Morris. 



DELAWARE. 



George Read, 
Gunning Bedford, Jr. 
John Dickinson, 



Richard Bassett, 
Jacob Broom. 



MARYLAND. 

James M'Henry, Daniel Carroll, 

Daniel-of-St.-Tho: Jenifer. 

VIRGINIA. 
John Blair, James Madison, Jr. 

NORTH CAROLINA. 

William Blount, Hugh Williamson. 

Rich. Dobbs Spaight, 

SOUTH CAROLINA. 

?Tohn Rutledge, Charles Pinckney, 

c. cotesworth plnckney, plerce butler. 

GEORGIA. 

William Few, Abraham Baldwin. 

Attest, WILLIAM JACKSON, Secretary. 



THE UNITED STATES OP AMERICA. 967 

UNDER THE CONFEDERATION. PART IV. 

In Convention, Monday, September Ylth, 1787. %£&£ 
Present. The States op New Hampshire, Massa- erai Con- 
chusetts, Connecticut, Mr. Hamilton from New York, congress, 
New Jersey, Pennsylvania, Delaware, Maryland, Vir- s ?p*- l ^ 
ginia, North Carolina, South Carolina, and Georgia. 
Resolved. That the preceding Constitution be laid 
before the United States in Congress assembled, and 
that it is the opinion of this convention, that it should 
afterwards be submitted to a convention of Delegates Ac . com P a " 

° nying res* 

chosen in each State, by the people thereof, under the oiutions. 
recommendation of its legislature, for their assent and 
ratification ; and that each convention assenting to, 
and ratifying the same, should give notice thereof to 
the United States, in Congress assembled. 

Resolved. That it is the opinion of this Convention, 
that as soon as the conventions of nine states shall have 
ratified this Constitution, the United States in Congress 
assembled, should fix a day on which electors should 
be appointed by the States which shall have ratified the 
same, and a day on which the electors should assemble, 
to vote for the President, and the time and place for 
commencing proceedings under this Constitution. That 
after such publication, the electors should be appoint- 
ed, and the senators and representatives elected ; that 
the electors should meet on the day fixed for the elec- 
tion of the President, and should transmit their votes 
certified, signed, sealed, and directed, as the Constitu- 
tion requires, to the Secretary of the United States in 
Congress assembled ; that the senators and represent- 
atives should convene at the time and place assigned ; 
that the senators should appoint a president of the sen- 
ate, for the sole purpose of receiving, opening* and 
counting the votes for President ; that after he shall be 
chosen, the Congress, together with the President, should, 
without delay, proceed to execute this Constitution. 

By the unanimous order of the Convention. 

George Washington, President. 
William Jackson, Secretary. 



968 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 



Re P° rt of In Convention, September, 11th, 1787. 

the Fed- Q 

oral Con- ^IR, — 

vention to -\y e have now the honour to submit to the considera- 
Sept. 17th, tion of the United States in Congress assembled, that 
1787, Constitution whieh has appeared to us the most advis- 
able. The friends of our country have long seen and 
desired that the power of making war, peace, and 
treaties ; that of levying money and regulating com- 
merce ; and the correspondent executive and judicial 
authorities ; should be fully and effectually vested in 
the general government of the union ; but the impro- 
priety of delegating such extensive trust to one body 
of men is evident. Hence results the necessity of a 
different organization. It is obviously impracticable in 
the Federal Government of these States, to secure all 
rights of independent sovereignty to each, and yet pro- 
vide for the interest and safety of all. Individuals 
entering into society must give up a share of liberty to 
preserve the rest. The magnitude of the sacrifice must 
Accompa- (j e p en( j as we \\ on situation and circumstances as on 

nying let- L 

tertothe the object to be attained. It is at all times difficult to 
ofcon- 111 draw with precision the line between those rights which 
gress. must be surrendered, and those which may be reserved; 
and on the present occasion this difficulty was increased 
by a difference among the several states as to their sit- 
uation, extent, habits, and particular interests. 

In all our deliberations on this subject*, we kept stead- 
ily in our view, that which appears to us the greatest 
interest of every true American, the consolidation of 
cur union, in which is involved our prosperity, felicity, 
safety, perhaps our national existence. This important 
consideration, seriously and deeply impressed on our 
minds, led each state in the Convention to be less rigid 
The Con- on points of inferior magnitude, than might have been 
the U result otherwise expected ; and thus the Constitution, which 
ofconces- we n0 w present, is the result of a spirit of amity, 
and of that mutual deference and concession, which the 
peculiarity of our political situation rendered indis- 



THE UNITED STATES OP AMERICA. 969 

UNDER THE CONFEDERATION. PART IV. 

pensable. That it will meet the full and entire appro- Report of 
bation of every state is not, perhaps, fo be expected ; er y c e o d ^ 
but each will doubtless consider, that had her interests vention to 
been alone consulted, the consequences might have sept 17th, 
been particularly disagreeable or injurious to others. 1787, 
That it is liable to as few exceptions as could reasonably 
have been expected, we hope and believe : That it may 
promote the lasting welfare of that country so dear to 
us all, and secure her freedom and happiness, is our 
most ardent wish. 

With great respect, 

we have the honor to be, Sir, 

Your Excellency's most obedient 
and humble servants, 

George "Washington, President. 
By the unanimous order of the Convention. 
To His Excellency, the President op the Congress. 



Soon after the reception of this report, on the twen- Action of 

ty-eighth of the same month, the Congress " Resolved onu^re- 

unanimously, that the said report, with the resolu- P ort of the 
. . -i-i,, i t . Conven- 

tions and letter accompanying the same, be transmit- tion, Sept. 

ted to the several state legislatures, in order to be sub- 28th ' 178/7, 
mitted to a convention of delegates, chosen in each 
state by the people thereof, in conformity to the re- 
solves of the convention made and provided in that case." 
Pursuant to this resolution copies of the proposed 
Constitution were transmitted to the several states : Submis- 
The respective state legislatures passed acts calling a f^stUt t0 
convention of delegates from among the people, and 
the constitution being submitted to these several con- 
ventions for their approval, their ratifications thereof 
duly subscribed and certified were transmitted to Con-Ratifica- 
gress, and were as follows : tion of - 

Delaware. 

We, the deputies of the people of the Delaware state, 
in Convention met, having taken into our serious con- ware.^" 



970 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Ratifica- sideration the Federal Constitution proposed and 
const itu- he agreed upon by the deputies of the United States in a 
tion by the general Convention, held at the city of Philadelphia, 
the states, on the 17th day of September, in the year of our Lord 
one thousand seven hundred and eighty-seven, have 
approved, assented to, ratified and confirmed, and by 
By Deia- these presents do, in virtue of the power to us given 
^th re 'iTS7 f° r ^ na * P ur P° s e, for and in behalf of ourselves and 
constituents, fully, freely, and entirely approve of, 
assent to, ratify, and confirm thp said Constitution. 
Done in Convention at Dover, this seventh day of De- 
cember, in the year aforesaid, and in the year of the 
Independence of the United States of America, the 
twelfth. In testimony whereof, we have hereunto 
subscribed our names. ***** 



Pennsylvania. 

ByPeim- ^ E IT EN0WN unto all men, that we, the delegates of 
sylvania, the people of the Commonwealth of Pennsylvania, in 
1787. ' general Convention assembled, have assented to, and 
ratified, and by these presents do, in the name and by 
the authority of the same people, and for ourselves, 
assent to and ratify the foregoing Constitution for the 
United States of America. 

Done in Convention, at Philadelphia, the twelfth day 
of December, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the independ- 
ence of the United States of America, the twelfth. 
In ivitness whereof, we have hereunto subscribed our 
names. 

Frederick Augustus Mulenburgh, President. 
James Campbell Secretary. 



New Jersey. 
By New In Convention of the state of New Jersey : Wliereas, 
DeiTisth a Convention of delegates from the following states, viz., 
1787. (the states represented in the Federal Convention,) 



THE UNITED STATES OF AMERICA. 071 

UNDER THE CONFEDERATION. PART IV. 

met at Philadelphia, for the purpose of deliberating on, Ratifica- 
and forming a Constitution for the United States of c^lL^ta. 
America, finished their session on the seventeenth day tkm by the 
of September last, and reported to Congress the form t h e states, 
which they had agreed upon, in the words following, 
viz., (cites the Constitution verbatim, the resolutions 
of Congress, and the act of the state legislature calling 
the convention.) 

Now be it known, That we, the delegates of the state By New 
of New Jersey, chosen by the people thereof, for the pur- 
poses aforesaid, having mutually deliberated on, and 
considered the aforesaid proposed Constitution, do 
hereby, for and on behalf of the people of the said 
state of New Jersey, agree to, ratify, and confirm, the 
same, and every part thereof. 

Done in Convention, by the unanimous consent of 
the members present, this eighteenth day of Decem- 
ber, &c. 

In witness whereof, we have hereunto subscribed 
our names. 

John Stevens, President. 

Samuel W. Stockton, Secretary. 



Connecticut. 

In the name of the people of the state of Connecticut : Ratifica- 
We, the delegates of the people of the said state, in* I , onb y. 
general convention assembled, pursuant to an act of cut, Jan. 
the legislature in October last, have assented to and * ' 
ratified, and by these presents do assent to, ratify, and 
adopt, the Constitution reported by the Convention of 
delegates in Philadelphia, on the 17th day of Septem- 
ber, A. D. 1787, for the United States of America. 

Done in Convention, this 9th day of January, A. D. 
1788. In witness whereof, we have hereunto set our 
hands. 

Matthew Griswold, President. 

Test. Jedediah Strong, Secr'y. 



972 



THE GOVERNMENTAL HISTORY OP 



Part IV. 



THE PERMANENT UNION 



Ratifica- 
tion of the 
Constitu- 
tion by the 

people of 
the states. 



Ratifica- 
tion by 
Massachu- 
setts, Feb. 
6th, 1788. 



Massachusetts. 

In Convention of the delegates of the people of the 
Commonwealth of Massachusetts, February 6th, 1788. 

The Convention having impartially discussed, and 
fully considered the Constitution for the United States 
of America, reported to congress by the Convention of 
delegates from the United States of America, and sub- 
mitted to us by a resolution of the general court of the 
said Commonwealth, passed the twenty-fifth day of 
October last past, and acknowledging with grateful 
hearts the goodness of the Supreme Ruler of the uni- 
verse, in affording the people of the United States, in 
the course of His Providence, an opportunity, delib- 
erately and peaceably, without fraud or surprise, of 
entering into an explicit and solemn compact with each 
other, by assenting to and ratifying a new Constitution, 
in order to form a more perfect union, establish justice, 
insure domestic tranquillity, provide for the common 
defence, promote the general welfare, and secure the 
blessings of liberty to themselves and their posterity, 
Do, in the name and in behalf of the people of the Com- 
monwealth of Massachusetts, assent to, and ratify, the 
said Constitution for the United States of America. 



Ratifica- 
tion by 
Georgia, 
January 
2d, 1788. 



John Hancock, PresH. 
William Cushing, V. P. 
George Richards Minott, Secretary. 



Georgia. 

In Convention, Wednesday, January the second, one 
thousand seven hundred and eighty-eight. To all to 
whom these presents shall come, Greeting: 

Whereas, the form of a Constitution for the govern- 
ment of the United States of America, was, on the 17th 
day of September, one thousand seven hundred and 
eighty-seven, agreed upon and reported to congress, by 
the deputies of the said United States, convened in Phil- 



THE UNITED STATES OP AMERICA. 973 

UNDER THE CONFEDERATION. PART IV. 

adelphia, which said Constitution is written in the words Ratifica- 
following, viz., (cites the Constitution verbatim, the res- £0^ the 
olution of Congress, and the act of the state legislature, tion by the 
calling this convention, and proceeds,) Noiv know ye, [he states. 
that We, the delegates of the people of the state of Geor- 
gia, in convention met, pursuant to the resolutions of 
the legislature aforesaid, having taken into consideration B G 
the said Constitution, have assented to, ratified, and gia. 
adopted, and by these presents do, in virtue of the 
powers and authority to us given by the people of the 
said stale for that purpose, for and in behalf of ourselves 
and our constituents, fully and entirely assent to, rat- 
ify, and adopt, the said Constitution. 

Done in Convention, at Augusta, in the said state, 
on the second day of January, A. D. 1788, and of the 
Independence of the United States, the twelfth. 

In witness whereof, Sfc. 

John Wereat, President, etc. 



Maryland. 
In Convention of the delegates of the people of the Ratifica- 
state of Maryland, 28th April, 1788. Maryknd 

We, the delegates of the people of the state of Mary- A P r ^ 28th » 

1788 

land, having fully considered the Constitution of the 
United States of America, reported to Congress by the 
Convention of deputies from the United States of 
America, held in Philadelphia, on the seventeenth day 
of September, 1787, of which the annexed is a copy ; 
and submitted to us by a resolution of the general 
assembly of Maryland, in November session, seventeen 
hundred and eighty-seven, Do, for ourselves, and in 
the name and on the behalf of the people of this state, 
assent to, and ratify, the said Constitution. 

In witness whereof, we have hereunto subscribed our 
names. 

George Plater, President, etc. 

Attest, Wm. Harwood, CVk. 



974 • TEE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Jion oTthe South Carolina. 

tion bribe ^ n Convention of the people of the state of South Car- 
people of olina, by their representatives, held in the city of 

flip states 

Charleston, on Monday, the twelfth day of May, and 
continued by divers adjournments to Friday, the twen- 
ty-third day of May, Anno Domini, one thousand seven 
hundred and eighty-eight, and in the twelfth year of 
the Independence of the United States of America. 
Ratifica- The Convention having maturely considered the Con- 
Soutt/car-stitution, or form of government, reported to Congress 
olina, May, by the Convention of delegates from the United States 

1788 

of America, and submitted to them by a resolution of 
the legislature of this state, passed the seventeenth and 
eighteenth days of February last, in order to form a 
more perfect union, establish justice, ensure domestic 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to the people of the said United States, and their pos- 
terity ; Do, in the name and behalf of the people of this 
state, hereby assent to, and ratify, the said Constitu- 
tion. Done in Convention, Sf-c. 

Thomas Pinckney, Preset. [L. S.] 
Attest, John Sanford Dart, Secr^y. [L. S.] 



New Hampshire. 
Ratifica- In Convention of the delegates of the people of the 
N°Hamp- state °^ New Hampshire, June the twenty-first, 1788. 
shire, June The Convention, having impartially discussed, and 

21st 1788 . . 

' fully considered the Constitution for the United States 
of America, reported to Congress by the Convention 
of delegates from the United States of America, and 
submitted to us by a resolution of the general court of 
said state, passed the fourteenth day of December last; 
and acknowledging with grateful hearts the goodness 
of the Supreme Ruler of the universe, in affording the 
people of the United States, in the course of His Prov- 
idence, an opportunity, deliberately and peaceably, 



THE UNITED STATES OP AMERICA. . 975 

UNDER THE CONFEDERATION. PART IV. 



without fraud or surprise, of entering into an explicit Ratifica- 
and solemn compact with each other, by assenting to e°n S ° itu V e 
and ratifying a new Constitution, in order to form ationbytlw 
more perfect union, establish justice, insure domestic Restates, 
tranquillity, provide for the common defence, promote 
the general welfare, and secure the blessings of liberty 
to themselves and their posterity — Do, in the name and 
behalf of the people of the state of New Hampshire, 
assent to, and ratify, the said Constitution, for the 
United States of America. 

Transmitted and certified to Congress by 

John Sullivan, PresH of the Convention. 
John Langdon, PresH of the State, 
By order, 

John Calf, Secr'y of Convention. 
Joseph Pearson, Beefy of State. 



Virginia. 
We, the delegates of the people of Virginia, dulyRatifica- 
elected in pursuance of a recommendation from the Virginia, 
general assembly, and now met in Convention, having J « n ^ 26th » 
fully and freely investigated and discussed the proceed- 
ings of the Federal Convention, and being prepared, as 
well as the most mature deliberation hath enabled us, 
to decide thereon — Do, in the name and in behalf of the 
people of Virginia, declare and make known, that the 
powers granted under the Constitution, being derived 
from the people of the United States, may be resumed 
by them, whensoever the same shall be perverted to 
their injury or oppression, and that every power not 
granted thereby, remains with them, and at their will : 
That therefore no right of any denomination, can be 
cancelled, abridged, restrained, or modified, by the 
congress, by the senate, or house of representatives, 
acting in any capacity ; by the president, or any de- 
partment, or officer of the United States, except in 
those instances in which power is given by the Consti- 
tution for those purposes : And that among other essen- 



976 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Ratifica- tial rights, the liberty of conscience, and of the press, 
Constfu? 6 cannot be cancelled, abridged, restrained, or modified, 
tionbytheby an y authority of the United States. With these 
the states, impressions, with a solemn appeal to the Searcher of 
hearts for the purity of our intentions, and under the 
conviction that whatsoever imperfections may exist in 
the Constitution, ought rather to be examined in the 
mode prescribed therein, than to bring the union in 
danger by a delay, with a hope of obtaining amend- 
ments previous to the ratification — We, the said dele- 
Ratifica- gates, in the name and in behalf of the people of Virginia, 
Virginia, do, by these presents, assent to, and ratify, the Constitu- 
June 26th, ^ on recommended on the seventeenth day of Septem- 

1788. J r 

ber, one thousand seven hundred and eighty-seven, by 
the Federal Convention, for the government of the 
United States ; hereby announcing to all those whom it 
may concern, that the said Constitution is binding upon 
the said people, according to an authentic copy hereto 
annexed, in the words following, (see Constitution.) 
Done in Convention, this twenty-sixth day of June, one 
thousand seven hundred and eighty-eight. 
By order of the Convention, 

Edw. Pendleton, President. 



State of New-York. 
Ratifica- We, the delegates of the people of the state of New- 
New-York, York, duly elected and met in Convention, having ma- 
July 26th, turely considered the Constitution of the United States 
of America, agreed to on the seventeenth day of Sep- 
tember, in the year one thousand seven hundred and 
eighty-seven, by the Convention then assembled, at 
Philadelphia, in the commonwealth of Pennsylvania, 
(a copy whereof precedes these presents,) and having 
also seriously and deliberately considered the present 
situation of the United States, Do declare and make 
known, that all power is originally vested in, andxonse- 
quenthj derived from, the people ; and that government 
is instituted by them for their common interest, protec- 



THE UNITED STATES OF AMERICA. 977 

UNDER THE CONFEDERATION. PART IV. 

tion and security ; that the powers of government may Ratifica- 
be re-assumed by the people, whensoever it shall become constUu he 
necessary to their happiness" — It goes on with a decla-tion by the 
ration of rights, and of the powers and restrictions, im-^ states, 
posed by the Constitution, and with other suggestions 
as to the powers of a general administration, and then 
proceeds — 

" Under these impressions, and declaring that the 
rights aforesaid cannot be abridged or violated, and 
that the explanations aforesaid are consistent with the 
said Constitution, and in confidence that the amend- 
ments which shall have been proposed to the said Con- 
stitution, will receive an early and mature considera- 
tion ; We, the said delegates, in the name and in the be- 
half of the people of the state of New York, do, byRatifica- 
these presents, assent to, and ratify, the said Constitu- ^°° York 
tion. In full confidence, nevertheless, that, until a con- J ^ 26th » 
vention shall be called and convened for proposing 
amendments of the said Constitution, the militia of 
this state will not be continued in service out of this 
state for a longer term than six weeks, without the con- 
sent of the legislature thereof : That the Congress will 
not make or alter any regulation in this state, respecting 
the times, places, and manner, of holding elections for 
senators and representatives, unless the legislature of 
this state shall neglect or refuse to make laws or regu- 
lations for the purpose, or from any circumstances be 
incapable of making the same ; and that in those cases 
such power will only be exercised until the legislature 
of this state shall make provision in the premises : 
That no excise will be imposed on any article of the 
growth, production, or manufacture, of the United 
States, or any of them, within this state, ardent spirits 
excepted : And that the Congress will not lay direct 
taxes within this state, but when the monies arising 
from the impost and excise shall be insufficient for the 
public exigencies ; nor then, until Congress shall first 
have made a requisition upon this state to assess, levy • 
62 



978 THE GOVERNMENTAL HISTORY OP 

Part IV. the permanent union 

Katifica- and pay, the amount of such requisition, made agree- 

^° g ^ u the ably to the census fixed in the said Constitution, in 

tion by the such way and manner as the legislature of this state 

the states. sna ^ judge best > but tna * m sucn case, if the state 

shall neglect or refuse to pay its proportion, pursuant 

to such requisition, then the Congress may assess and 

levy this state's proportion, together with the interest 

at the rate of six per centum, per annum, from the 

time at which the same was required to be paid. 

Done in Convention at Poughkeepsie, in the County 
of Dutchess, in the State of New York, the 26th day 
of July, A. D. 1788. 

By order of the Convention, 

Geo. Clinton, President. 
Attest, John M'Kesson, j Secretarie8m 
Ab. B. Banker, 



State op North Carolina. 
Resolution "In Convention, August 1st, 1788. Eesolved, That 
of ^orth* 6 a Declaration of Rights, asserting and securing from 
Carolina, encroachment the great principles of civil and religious 
mis. 8 ' liberty, and the unalienable rights of the people, to- 
gether with amendments to the most ambiguous and 
exceptionable parts of the said Constitution of govern- 
ment, ought to be laid before Congress, and the conven- 
tion of the states that shall, or may be called, for the 
purpose of amending the said Constitution, for their 
consideration, previous to the ratification of the Consti- 
tution aforesaid, on the part of the state of North 
Carolina." 



Proceed- The ratification of the Constitution on the part of 
congress. * ne state °^ New-Hampshire, was received by the Con- 
gress on the second day of July, 1788, when the presi- 
dent suggested that this was the ninth ratification trans- 
mitted and laid before them ; Whereupon, on motion 
of Mr. Clark, seconded by Mr. Edivards, it was 
" Ordered, That the ratifications of the Constitution 



THE UNITED STATES OF AMERICA. 979 

UNDER THE CONFEDERATION. PART IV. 

of the United States, transmitted to Congress, be re- commit- 
ferred to a committee to examine the same, and report tee . ot ex - 

', . * animation. 

an act to congress for putting the said constitution into 
operation, in pursuance of the resolutions of the late 
Federal Convention." 

The Committee appointed under this resolution, re- Report of 
ported to Congress on the fourteenth day of the same mittee. 
month ; which report, after being debated from time 
to time, was finally adopted on the thirteenth day of 
September, 1788, as follows : 

" On the question to agree to the following proposi- 
tion, it was resolved in the affirmative, by the unanimous 
votes of nine states, viz. : of New-Hampshire, Massa- 
chusetts, Connecticut, New- York, New-Jersey, Penn- 
sylvania, Virginia, South Carolina, and Georgia. 

Whereas the Convention assembled in Philadelphia, 
pursuant to the resolution of congress of the twenty- 
first February, 1787, did, on the seventeenth of Sep- 
tember, in the same year, report to the United States 
in Congress assembled, a Constitution for the people of 
the United States ; whereupon congress, on the twenty- 
eighth of the same September, did resolve unani- 
mously — ' that the said report, with the resolutions and Scarry 00 
letter accompanying the same, be transmitted to the the Con- 
several legislatures, in order to be submitted to a con- i nt0 pera- 
vention of delegates chosen in each state by the people tion ,> Se P" 

e ■ • i tcmber 

thereof, in conformity to the resolves of the convention isth, 1788. 
made and provided in that case.' And whereas the 
Constitution so reported by the convention, and by con- 
gress transmitted to the several legislatures, has been 
ratified in the manner therein declared to be sufficient 
for the establishment of the same, and such ratifica- 
tions duly authenticated, have been received by con- 
gress, and are filed in the office of the secretary, there- 
fore — 

Resolved, That the first Wednesday in January next, 
be the day for appointing electors in the several states, 



980 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Resolution which, before the said day, shall have ratified the said 
tbVcon- Constitution ; that the first Wednesday in February 
stitution next, be the day for the electors to assemble in their 
tion, Sep- respective states and vote for a President ; and that the 
S ' . first Wednesday in March next, be the time, and the 

lotllj 1 i 00. 

present seat of Congress the place, for commencing the 
proceedings under the said Constitution." 



The government accordingly went into operation 

under the new Constitution ; and the first session of 

Congress was held under it, in the city of New York, on 

ganization the fourth day of March, 1789. It was composed of 

of the gov- xnembers duly elected from New Hampshire, Massachu- 

ernment. 

setts, Connecticut, New York, New Jersey, Pennsylva- 
nia, Delaware, Maryland, Virginia, South Carolina, 
and Georgia ; those states having respectively ratified 
the same. 
Prelimina- A quorum of the whole number of senators from 
lotion of" these states, however, did not take their seats in the 
the senate, senate until the sixth of April, when the credentials of 
1789. ' the members present being read, and ordered to be filed, 
the Senate proceeded by ballot, to the choice of a presi- 
dent for the sole purpose of opening and counting the 
votes for President and Vice-president of the United 
States. John Langdon, of New Hampshire, was elected 
president of the senate pro tern. ; and on his taking the 
chair it was 
Resolution "Ordered That Mr. Ellsworth inform the House of 
the House Representatives that a quorum of the Senate is formed ; 
senf *v rG " * na * a P res ident is elected for the sole purpose of open- 
ing the certificates, and counting the votes of the elec- 
tors of the several states, in the choice of a President 
and Vice-president of the United States ; and that the 
Senate is now ready, in the senate chamber, to proceed, 
in the presence of the House, to discharge that duty, 
and that .the Senate have appointed one of their mem- 
bers to sit at the clerk's table to make a list of the votes 
as they shall be declared, submitting it to the wisdom 



THE UNITED STATES OF AMERICA. 981 

UNDER THE PRESENT CONSTITUTION. PART IV. 

of the House to appoint one or more of their members Organiza- 

o ,i ri 5) tion of the 

for the like purpose. govem- 

Mr. Ellsworth reported " that he had delivered the ment 
message ;" and Mr. Boudinot, from the House of Repre- Constitu- 
sentatives, informed the senate that the house waSy°°k New 
ready forthwith to meet them, to attend to the opening March 4th, 
and counting of the votes of the electors of the presi- 
dent and vice-president of the United States. The Meeting of 
speaker and the members of the house of representa- i^ usea t0 
tives then attended in the senate chamber : The count the 
president, elected for the purpose of counting the votes, president 
declared that the senate and house of representatives and . v , lce " 

• i . president, 

had met: He then, in their presence, opened and April 6th. 
counted the votes of the electors for president and 
vice-president of the United States : Whereby it ap 
peared, and was by him declared, that George Washing- 
ton, Esq. of Virginia, was unanimously elected Presi 
dent, and John Adams, of Massachusetts, was elected 
Vice-President of the United States of America. 

On the twenty-first day of April, the Vice-President Introduc- 
was conducted into the senate chamber by a commit- viee-Pres- 
tee previously appointed for the purpose ; where he ident 

, Vr x i ^ . ., into the 

was met by Mr. Langdon, the vice-president pro tern., senate, 
on the floor of the chamber, who addressed him as Apnl21st * 
follows : 

" Sir: I have it in charge from the senate to intro-Tothe 
duce you to the chair of this house, and also, to con-^ argeo . 
gratulate you on your appointment to the office of Vice- 
President of the United States of America." 

Mr. Langdon then conducted Mr. Adams to the chair, 
when he addressed the senate as follows : 

"Gentlemen of the Senate: 

"Invited to this respectable situation by the suffrages His inan- 
of our fellow-citizens, according to the Constitution, I dress, 
have thought it my duty cheerfully and readily to ac- 
cept it. Unaccustomed to refuse any public service, 
however dangerous to my reputation, or dispropor- 
tioned to my talents, it would have been inconsistent 



982 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Organiza- to have adopted another maxim of conduct at this time, 
tion of the wneil the prosperity of the country and the liberties 

govern- . 

ment of the people, require, perhaps, as much as ever, the 
consTitu- 6 attention of those who possess any share of public con- 

tion, New fidence. 
York 

March 4th, " I should be destitute of sensibility, if, upon my 
1789. arrival in this city, and presentation to this Legislature, 
nd especially to this Senate, I could see without emo- 
tion, so many of those characters of whose virtuous 
exertions I have often been a witness ; from whose 
countenances and examples I have ever derived encour- 
agement and animation: Whose disinterested friend- 
ship has supported me in many intricate conjunctures 
, of public affairs, at home and abroad. Those cele- 

In augural l 7 

address of brated defenders of the liberties of this country, whom 
de^t iesi menaces could not intimidate, corruption seduce, or 
Adams, flattery allure : Those intrepid assertors of the rights 
'of mankind, whose philosophy and policy have enlight- 
ened the world in twenty years, more than it was ever 
before enlightened in many centuries by Ancient Schools 
or modern Universities. 

" I must have been inattentive to the course of 
events, if I were either ignorant of the fame, or insen- 
sible to the merit, of those other characters in the Sen- 
ate, to whom it has been my misfortune to have been 
hitherto personally unknown. 

" It is with satisfaction that I congratulate the people 
of America on the formation of a National Constitution, 
and the fair prospect of a consistent administration of 
a government of laws : On the acquisition of a House 
of Representatives, chosen by themselves : Of a Senate 
thus composed by their own State Legislatures : And 
on the prospect of an Executive Authority in the hands 
of one whose portrait I shall not presume to draw. 
Were I blessed with powers to do justice to his charac- 
ter, it would be impossible to increase the confidence 
or affection of his country, or make the smallest addi- 
tion to his glory : This can only be affected by a dis- 



THE UNITED STATES OF AMERICA. 983 

UNDER THE PRESENT CONSTITUTION. PART IV. 

charge of the present exalted trust on the same prin- Organiza- 
ciples, with the same abilities and virtues, which have govern-* ° 
uniformly appeared in all his former conduct, public ment 

• 1 ™ t ±i i u • -j l A I • un der the 

or private. May I, nevertheless, be indulged to in- CO nstitu- 
quire, if we look over the catalogue of the first magis-^^ 1 * 6 * 
trates of nations, whether they have been denom- March 4th, 

1789 

inated presidents or consuls, kings or princes, where 
shall we find one whose commanding talents and vir- 
tues, whose over-ruling good fortune, have so com- 
pletely united all hearts and voices in his favor ; 
who enjoyed the esteem and admiration of foreign 
nations and fellow-citizens with equal unanimity ? 
Qualities so uncommon, are no common blessings to 
the country that possesses them. By those great quali- ^"es^of 
ties, and their benign effects, has Providence marked Vice-Presi- 
out the head of this nation, with a hand so distinctly Adams 
visible, as to have been seen by all men and mistaken A P ril 2l8t - 
by none. 

"It is not for me to interrupt your deliberations by 
any general observations on the state of the nation, or 
by recommending or proposing any particular measure. 
It would be superfluous to gentlemen of your great 
experience, to urge the necessity of order. It is only 
necessary to make an apology for myself. Not wholly 
without experience in public assemblies, I have been 
more accustomed to take a share in their debates than 
to preside in their deliberations. It shall be my con- 
stant endeavor to behave towards every member of this 
most honorable body with all that consideration, deli- 
cacy, and decorum, which becomes the dignity of his 
station and character ; but if from inexperience or 
inadvertency, anything should ever escape me incon- 
sistent with propriety, I must entreat you, by imputing 
it to its true cause, and not to any want of respect, to 
pardon and excuse it. 

"A trust of the greatest magnitude is committed to 
this Legislature, and the eyes of the world are upon 
you. Your country expects, from the results of your 



984 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Organiza- deliberations, in concurrence with the other branches 
govern- 1 * °f tne government, consideration abroad and content- 
ment ment at home ; prosperity, order, justice, peace, and 

under the ... , a j n j' ai « w f u -V -a 

constitu- liberty. And may God Almighty's Providence assist 
turn New vou i answer their iust expectations." 

March 4th 

The President elect, having been formally'notined of 
Time ap- his election, signified to Congress, at their request, 

theTnffu- 01 " * nat an y ^ me anc * pl ace > an< ^ anv manner, which should 
guration appear most eligible to them for his inauguration, would 
President. ^ e convenient and acceptable to him. Accordingly 
Thursday, the thirtieth day of April, 1789, was fixed 
as the time, and the gallery in front of the senate cham- 
ber as the place, for conducting the ceremonial of his 
formal reception and inauguration. 
Progress After having resigned his command of the American 
President arm ies, Washington retired to his farm in Virginia, 
elect from \y] iere he remained until he was called upon to partici- 
Vernon to pate in its deliberations by being appointed a delegate 
New-York. ^ the Federal Convention. After having discharged 
his duties there he again retired to Mount Vernon, 
where he received the intelligence of his election to the 
highest station in the gift of his country. Though 
plainly unambitious of public honors or distinction, 
and coveting the repose to which he had retired, he 
nevertheless yielded to his convictions of duty, and the 
wishes of his countrymen, and set out for New York. 
His progress is thus described by a cotemporary : " The 
roads were crowded with numbers anxious to see the 
man of the people. Escorts of militia, and of gentlemen 
of the first character and station, attended him from state 
to state, and he was everywhere received with the high- 
est honors which a grateful and admiring people could 
confer. Addresses of congratulation were presented to 
him by the inhabitants of almost every place of con- 
sequence through which he passed ; to all of which he 
returned such modest, unassuming answers, as were in 
every respect suitable to his situation. 



THE UNITED STATES OP AMERICA. 985 

UNDER THE PRESENT CONSTITUTION. PART IV. 

" So great were the honors with which he was loaded, Organiza- 
that they could scarcely have failed to produce haugh- Jovern- 
tiness in the mind of any ordinary man ; but nothing lnent 

,., ,. . X . n . under the 

of the kind was ever discovered in this extraordinary constitu- 
personage. On all occasions he behaved to all meny°"k^ ew " 
with the affability of one citizen to another. He was March 4th, 

1789 
truly great in deserving the plaudits of his country, but 

much greater in not being elated with them. 

" Gray's bridge over the Schuylkill, which General 
Washington had to pass, was highly decorated with 
laurels and evergreens. At each end of it were erected 
magnificent arches composed of laurels, emblematical 
of the ancient Roman triumphal arches ; and on each 
side of the bridge was a laurel shrubbery. As Wash- Progress 
ington passed the bridge, a youth ornamented with °j.J^j ent 
sprigs of laurel, assisted by machinery contrived for the elect from 
purpose, let drop above his head, though unperceived Vernon to 
by him, a Civic Crown of laurel. Upwards of twenty New-York, 
thousand citizens lined the fences, fields, and avenues, 
between the Schuylkill and Philadelphia ; through 
these he was conducted to the city by a numerous and 
respectable body of the citizens, where he partook of 
an elegant entertainment provided for him. The pleas- 
ures of the day were succeeded by a handsome dis- 
play of fireworks in the evening. When Washington 
crossed the Delaware, and landed on the Jersey shore, 
he was saluted with three cheers by the inhabitants of 
the vicinity. When he came to the brow of the hill, 
on his way to Trenton, a triumphal arch was erected 
on the bridge, by the direction of the ladies of the place ; 
the crown of the arch was highly ornamented with im- . 
perial laurels and flowers, and on it was displayed in 
large figures December twenty-sixth, 1776. On the 
sweep of the arch, beneath, was the inscription the 

DEFENDER OP THE MOTHERS WILL ALSO PROTECT THEIR 

daughters. On the north side were ranged young girls 
dressed in white, with garlands of flowers on their 
heads, and baskets of flowers on their arms ; in the 



986 THE GOVERNMENTAL HISTORY OP 

Part IV. the prefect and perpetual union 

Organiza- second row stood the young ladies, and behind them the 
tion of the marr i e ^ ladies of the town. The instant he passed the 

govern- , * 

ment arch, the young girls began to sing the following ode : 

under the 

constitu- « Welcome, mighty chief, once more, 

tion, New- _ , f. ' , 

York Welcome to this grateful shore : 

March 4th, Now no mercenary foe 

1789. Aims again the fatal blow, 

Aims at thee the fatal blow. 
Virgins fair and matrons grave, 
Those thy conquering arm did save, 
Build for thee triumphal bowers : 
Strew, ye fair, his way with flowers, 
Strew your Hero's way with flowers.' 

Progress "As they sung the last lines they strewed their flow- 
president ers on the road before their beloved deliverer. His 
elect to situation on this occasion, contrasted with what he had, 
' in December, 1776, felt on the same spot, when the 
affairs of America were" at the very lowest ebb of de- 
pression, filled him with sensations which cannot be de- 
scribed. He was rowed across the bay from Elizabeth- 
town to New York, in an elegant barge, by thirteen 
pilots. All the vessels in the harbor hoisted their flags. 
Stairs were erected and decorated for his reception. 
On his landing, universal joy diffused itself through 
every order of the people, and he was received aiid 
congratulated by the Governor of the state, and officers 
of the Corporation. He was conducted from the land- 
ing-place to the house which had been fitted up for his 
reception, and was followed by an elegant procession of 
militia in their uniforms, and by a great number of 
citizens. In the evening the houses and public build- 
ings of the city were brilliantly illuminated. 

u The thirtieth day of April was fixed for taking the 
oath of office. 

" On the morning of the day appointed for the pur- 
pose, the clergy of the different denominations assem- 
bled their congregations in their respective places of 
worship, and offered up public prayers for the people 
and the President of the United States. About noon, 



THE UNITED STATES OP AMERICA. 987 

UNDER THE PRESENT CONSTITUTION. PART IV. 

a procession of military, followed by a multitude of citi- c-rganiza- 
zens, and civic associations, moved from the President's go^.* e 
house to Federal Hall, where the Congress was in session ment 
awaiting his presence. When they came within a short constitu- 
distance from the hall, the troops formed a line on both *' 0D > v , 

7 * m New- York, 

sides of the way, through which Washington, accom- March 4th, 
panied by the Yice-President, John Adams, passed into 
the hall. 

Previous to his entrance into the senate chamber, The for- 
Mr. Lee, in behalf of the committee appointed to take t i on f the 
order for conducting the ceremonial of the formal re- president 

• . by the 

ception of the President of the United States, informed congress, 
the senate that the matter was adjusted. The house 
of representatives were notified that the senate were 
ready to receive them in the senate chamber, to attend 
the President of the United States, while taking the 
oath required by the Constitution. Whereupon, the 
house of representatives, preceded by their speaker, came 
into the senate chamber, and took the seats assigned 
them. The joint committee of both houses, preceded inaugura- 
by their chairman, agreeably to order, introduced the president, 
President of the United States to the senate chamber, A P nl 30th - 
where he was received by the Yice-President, who con- 
ducted him to the chair, and informed him ' that the 
Senate and House of Representatives of the United 
States were ready to attend him, to take the oath re- 
quired by the Constitution, and that it would be ad- 
ministered by the Chancellor of the state of New- York.' 
To which the President replied, that he was ready to 
proceed. He was then attended to the gallery* in front * Balcon 7 ? 
of the senate chamber and opposite to Bond street, by 
the vice-president and senators, the speaker and repre- 
sentatives, and other public characters present, where, 
before them, and in sight of an immense concourse of 
citizens, the oath was administered to him by Robert 
R. Livingston, Esq., Chancellor of the state of New-+ Annalsof 
York, in the words provided by the Constitution, Voi. & l. ' 
viz. :f 



988 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Organiza- " I do solemnly swear that I will faithfully execute 

^ovem-* 1 " 5 the office of President of the United States, and will 
ment to the best of my ability, preserve, protect and defend 
Constitu- 6 the Constitution of the United States." 
tkm, The Chancellor then turned and proclaimed " long 

March 4th; live George Washington, President of the United 
1789- States;" and was answered by the ringing acclama- 
tions of the immense multitude. 
The inau- On this occasion Washington was clothed entirely in 
j^^esi- fabrics of American manufacture. "While he was 
dent, taking the oath," says an eye-witness, " an awful silence 
pr ' prevailed among the spectators during this part of the 
ceremony. It was a minute of the most sublime polit- 
ical joy. The proclamation of the Chancellor was 
answered by the discharge of thirteen minute guns ; 
and by the effusion of shouts from near ten thousand 
grateful and affectionate hearts. The president bowed 
most respectfully to the people, and the air resounded 
again with their acclamations. He then retired to his 
seat in the senate chamber ; after a short pause he 
arose and addressed an animated speech to both houses ; 
in which his language not only expressed his own feel- 
ings on the solemn occasion, but likewise discovered 
his anxiety and concern for the welfare and happiness 
of the people in whose cause he had before risked his 
life. Several circumstances tended to render the scene 
of his inauguration unusually solemn ; the presence 
of the beloved father and deliverer of his country ; 
the impressions of gratitude for his past services ; the 
vast concourse of spectators ; the devout fervency with 
which he repeated the oath, and the reverential manner 
in which he bowed to kiss the sacred volume ; these cir- 
cumstances, together with that of his being chosen to 
the most dignified office in America, and perhaps in the 
world, by the unanimous voice of more than three mil- 
See Win- lions of enlightened freemen, all conspired to place 
terboth- this among the most august and interesting scenes 
America, which have ever been exhibited on this globe." " It 



THE UNITED STATES OF AMERICA. 989 

UNDER THE. PRESENT CONSTITUTION. PART IV. 

seemed, from the number of witnesses," said another Organiza- 
spectator of the scene, " to be a solemn appeal to heav- ^^ ° 
en and earth at once : Upon the subject of this great ment 
and good man, I may, perhaps, be an enthusiast; but cons titu- 
I confess, I was under an awful and religious persuasion M° u ; 
that the gracious Ruler of the Universe was looking March 4th, 

. 1789 

down at that moment with peculiar complacency on 

the act, which, to a part of his creatures, was so very i nauo . ura . 

important. Under this impression, when the Chancel- tion of the 

, . of president, 

lor pronounced, in a very feeling manner, long live April 30th. 
George Washington, my sensibility was wound up to 
such a pitch, that I could do no more than wave my 
hat with the rest, without the power of joining in the 
repeated acclamations which rent the air. " * 

Washington's Inaugural Address. 

"Fellow- Citizens of the Senate and 

House of Representatives : 
"Among the vicissitudes incident to life, no event 
could have filled me with greater anxieties than that 
of which the notification was transmitted by your 
order, and received on the fourteenth day of the pres- 
ent month* On the one hand, I was summoned by my * April, 
country, whose voice I can never hear but with venera- 
tion and love, from a retreat which I had chosen with 
the fondest predilection, and, in my flattering hopes 
with an immutable decision, as the asylum of my de- 
clining years ; a retreat which was rendered every day 
more necessary as well as more dear to me, by the 
addition of habit to inclination, and of frequent inter- 
ruptions in my health, yielding to the gradual waste 
committed on it by time. On the other hand, the mag- 
nitude and difficulty of the trust to which the voice of 
my country called me, being sufficient to awaken in the 
wisest and most experienced of her citizens a distrust- 
ful scrutiny into his qualifications, could not but over- 
whelm with despondence one, who, inheriting inferior * Wintcr- 

„ l ' .,.,,. botham's 

endowments from nature, and unpracticed in the duties America. 



990 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Organiza- of civil administration, ought to be peculiarly conscious 
govern- 1 6 °^ n ^ s own deficiencies. In this conflict of emotions, 
mcnt all I dare aver, is, that it has been my faithful study to 
constitu- collect my duty from a just appreciation of every cir- 
^ on > _ . cumstance by which it might be affected. All I dare 

New-York, J ° 

March 4th, hope, is, that if in executing this task, I have been too 
much swayed by a grateful remembrance of former 
instances, or by an affectionate sensibility to this trans- 
cendant proof, of the confidence of my fellow-citizens, 
and have thence too little consulted my incapacity as 
well as disinclination, for the weighty and untried cares 
before me ; my error will be palliated by the motives 
which misled me, and its consequences be judged by 
my country with some share of the partiality in which 
they originated. 
Washing- " Such being the impressions under which I have, in 
gural obedience to the public summons, repaired to the pres- 
address, en i station ; it would be peculiarly improper to omit, 
in this first official act, my fervent supplications to that 
Almighty Being who rules over the universe, who pre- 
sides in the councils of nations, and whose providen- 
tial aids can supply every human defect, that His ben- 
ediction may consecrate to the liberties and happiness 
of the people of the United States, a government insti- 
tuted by themselves for these essential purposes, and 
may enable every instrument employed in its adminis- 
tration, to execute with success the functions allotted 
to his charge. In tendering this homage to the Great 
Author of every public and private good, I assure my- 
self that it expresses your sentiments not less than my 
own ; nor those of my fellow-citizens at large less than 
either. No people can be bound to acknowledge and 
adore the invisible hand which conducts the affairs of 
men, more than the people of the United States. 
Every step by which they have advanced to the charac- 
ter of an independent nation, seems to have been dis- 
tinguished by some token of Providential agency. And 
in the important revolution just accomplished in tho 



THE UNITED STATES OF AMERICA. 991 

UNDER THE PRESENT CONSTITUTION. PART IV. 

system of their united government, the tranquil delib- Organiza- 
erations, and voluntary consent, of so many distinct go"^.* e 
communities, from which the event has resulted, can- ment 
not be compared with the means by which most gov- constitu- 
ernments have been established, without some return *l on > _ , 

... ^ ew York, 

of pious gratitude, along with humble anticipation of March 4th, 
the future blessings which the past seems to presage. ' 
These reflections, arising out of the present crisis, have 
forced themselves too strongly upon my mind to be 
suppressed. You will join with me, I trust, in think- 
ing that there are none under the influence of which the 
proceedings of a new and free government can more 
auspiciously commence. 

"By the article establishing the Executive Depart- Washing- 
ment, it is made the duty of the residentP 'to recom- tons . inau * 

J gural 

mend to your consideration such measures as he shall address, 
judge necessary and expedient.' The circumstances pn 
under which I now meet you will acquit me from en- 
tering into that subject, further than to refer to the 
great constitutional charter under which you are assem- 
bled, and which, in defining your powers, designates 
the objects to which your attention is to be given. It 
will be more consistent with those circumstances, and 
far more congenial with the feelings which actuate me, 
to substitute, in place of a recommendation of particu- 
lar measures, the tribute that is due to the talents, the 
rectitude, and the patriotism, which adorn the charac- 
ters selected to devise and adopt them. In these hon- 
orable qualifications, I behold the surest pledges that, 
as on one side no local prejudices or attachments, no 
separate views, no party animosity, will misdirect the 
comprehensive and equal eye which ought to watch 
over this great assemblage of communities and inter- 
ests ; so on another, that the foundations of our national 
policy will be laid in the pure and immutable principles 
of private morality ; and the pre-eminence of free gov- 
ernment be exemplified by all the attributes which can 
win the affections of its citizens, and command the 



992 THE GOVERNMENTAL HISTORY OF 

Part IV. the perfect and perpetual union 

Organiza- respect of the world. I dwell on this prospect with 
Govern- 1 G evei T satisfaction which an ardent love for my country 
mcnt can inspire ; since there is no truth more thoroughly 
Constitu- established, than that there exists in the economy and 
*' on > T , course of nature, an indissoluble union between virtue 

New York, 

March 4th, and happiness ; between duty and advantage ; between 
1 ' 789- the genuine maxims of an honest and magnanimous 
policy, and the solid rewards of public prosperity and 
felicity ; since we ought to be no less pursuaded, that 
the propitious smiles of heaven can never be expected, 
on a nation that disregards the eternal rules of order 
and right which heaven itself has ordained : And 
since the preservation of the sacred fire of liberty, and 
the destiny of the republican model of government, are 
justly considered as deeply, perhaps as finally, staked 
on the experiment entrusted to the hands of the Amer- 
ican People. 
Washing- " Besides the ordinary objects submitted to your 
gural " care, it will remain with your judgment to decide, how 
address, f ar an exercise of the occasional power, delegated by 
the fifth article of the Constitution, is rendered expe- 
dient at the present juncture, by the nature of objec- 
tions which have been urged against the system, or by 
the degree of inquietude which has given birth to them. 
Instead of undertaking particular recommendations on 
this subject, in which I could be guided by no lights 
derived from official opportunities, I shall again give 
way to my entire confidence in your discernment and 
pursuit of the public good. For I assure myself, that 
while you carefully avoid every alteration which might 
endanger the benefits of an united and effective gov- 
ernment, or which ought to await the future lessons of 
experience ; a reverence for the characteristic rights of 
freemen, and a regard for the public harmony, will 
sufficiently influence your deliberations on the ques- 
tion, how far the former can be more imprcgnably for- 
tified, or the latter be safely and advantageously pro- 
moted. 



THE UNITED STATES OP AMERICA. 993 

UNDER THE PRESENT CONSTITUTION. PART IV. 

" To the preceding observations I have one to add, Organiza- 
wliich will be most properly addressed to the House of t10 " of _ the 
Representatives. It concerns myself, and will there- ment 
fore be as brief as possible. When I was first honored constitu- 
with a call into the service of my country, then on the tl on - „ . 

New York 

eve of an arduous struggle for its liberties, the light in March 4th| 
which I contemplated my duty required that I should 1789, 
renounce every pecuniary compensation. From this 
resolution I have in no instance departed. And being 
still under the impressions which produced it, I must 
decline, as inapplicable to myself, any share in the per- 
sonal emoluments which may be indispensably included 
in a permanent provision for the Executive Department ; 
and must accordingly pray, that the pecuniary esti- 
mates for the station in which I am placed, may, during 
my continuance in it, be limited to such actual expend- 
itures as the public good may require. 

" Having thus imparted to you my sentiments as they Washing- 
have been awakened by the occasion which brings us tons In * 

J ° augural 

together, I shall take my present leave ; but not with- Address. 
out resorting once more to the benign Parent of the pr * 
human race, in humble supplication, that since He has 
been pleased to favor the American people with oppor- 
tunities for deliberating in perfect tranquillity, and 
dispositions for deciding with unparalleled unanimity, 
on a form of government for the security of their 
union, and the advancement of their happiness; so 
His divine blessing may be equally conspicuous, in the 
enlarged views, the temperate consultations, and the 
wise measures, on which the success of the government 
must depend. 

George Washington." 



The House of Representatives thereupon appointed 
a committee to prepare an address on the part of the 
House, in reply to that of the President of the United 
States to both Houses of Congress. Mr. Madison from 
that committee reported an address, which was adopted, 
as follows: 

63 



994 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

•. — — — . 

tioTcTthe Reply op the House op Eepresentatives. 

ui°ent; in " " Sir : — The Representatives of the people of the 
under the United States, present their congratulations on the 

( onstitu- 7 * ° 

tion. event by which your fellow-citizens have attested the 

March 4ti? pre-eminence of your merit. You have long held the 
1789. first place in their esteem. You have often received 
tokens of their affection. You now possess the only 
proof that remained of their gratitude for your servi- 
ces, of their reverence for your wisdom, and of their 
confidence in your virtues. You enjoy the highest, 
because the truest honor, of being the first magistrate, 
by the unanimous choice of the freest people on the 
face of the earth. "We well know the anxieties with 
which you must have obeyed a summons from the 
repose reserved for your declining years, into public 
Reply of scenes, of which you had taken your leave forever, 
the House -g u j. ^] ie obedience was due to the occasion. It is 

ot Repre- 
sentatives already applauded by the universal joy which welcomes 

augural 11 " y ou *° y our station. And we cannot doubt that it will 
Address De rewarded with all the satisfaction with which an 
President, ardent love for your fellow-citizens must review suc- 
May 5th. cess f u i efforts to promote their happiness. This antici- 
pation is not justified merely by the past experience of 
your signal services. It is particularly suggested by 
the pious impressions under which you commence 
your administration, and the enlightened maxims by 
which you mean to conduct it. We feel, with you, the 
strongest obligations to adore the invisible hand which 
has led the American people through so many difficul- 
ties ; to cherish a conscious responsibility for the destiny 
of republican liberty ; and to seek the only sure means 
of preserving and recommending the precious deposit 
in a system of legislation founded on the principles of 
an honest policy, and directed by the spirit of a diffu- 
sive patriotism. 

" The question arising out of the fifth article of the 
Constitution, will receive all the attention demanded 



THE UNITED STATES OF AMERICA. 995 

UNDER TUE PRESENT CONSTITUTION. PART IV. 

by its importance ; and will, we trust, be decided under Organiza- 
the influence of ail the considerations to which you ^° e ^. the 
allude. In forming the pecuniary provisions for the ment 
Executive Department, we shall not lose sight of aconstitu- 
wish resulting; from motives which give it a peculiar *' on - _ . 

° ° r New York, 

claim to our regard. Your resolution, in a moment March 4th, 
critical to the liberties of your country, to renounce 
all personal emolument, was among the many presages 
of your patriotic services which have been amply ful- 
filled ; and your scrupulous adherence now, to the law 
then imposed on yourself, cannot fail to demonstrate 
the purity, whilst it increases the lustre, of a character 
which has so many titles to admiration. 

" Such are the sentiments which we have thought fit 
to address to you. They flow from our own hearts ; 
and we verily believe that, among the millions we rep- 
resent, there is not a virtuous citizen whose heart will 
disown them. All that remains is, that we join in our 
fervent supplications for the blessings of Heaven on our 
country ; and that we add our own for the choicest of 
these blessings on the most beloved of her citizens. 

In Congress, May 5, 1789." 



On Monday, the eighteenth day of May, the Senators Answer of 
waited on the President of the United States, at his t0 the 
own house, when the Vice-President, in their name,F resilien ^ 

. t t Inaugural 

delivered to him an address "in answer to his speech Address, 
delivered to the Senate and House of Representatives May 18th ' 
of the United States," as follows : 

Answer of the Senate to the President's Address. 

"Sir: — We, the Senate of the United States, return 
you our sincere thanks for your excellent speech, deliv- 
ered to both Houses of Congress ; congratulate you on 
the complete organization of the Federal Government ; 
and felicitate ourselves and our fellow-citizens on your 
elevation to the office of President ; an office highly 
important by the powers constitutionally annexed to it, 



996 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Organiza- and extremely honorable from the manner in which 
govern- * tlie appointment is made. The unanimous suffrage of 
ment mi- the elective body in your favor, is peculiarly expressive 
Con.stitu- of the gratitude, confidence, and affection of the citi- 
New York zens °^ -^ merica > an( * i s tlie highest testimonial at once 
March 4th, of your merit and their esteem. We are sensible. Sir 
that nothing but the voice of your fellow-citizens could 
have called you from a retreat chosen with the fondest 
predilection, endeared by habit, and consecrated to the 
repose of declining years. We rejoice, and with us all 
America, that, in obedience to the call of our common 
country, you have returned once more to public life. 
In you all parties confide ; in you all interests unite ; 
and we have no doubt that your past services, great as 
they have been, will be equalled by your future exer- 
tions ; and that your prudence and sagacity as a states- 
man, will tend to avert the dangers to which we are 
exposed, to give stability to the present government, 
and dignity and splendor to that country which your 
skill and valor as a soldier so eminently contributed to 
raise to Independence and Empire. 
Answer of " When we contemplate the coincidence of circum- 
to the stances, and wonderful combination of causes, which 
president's gradually prepared the people of this country for inde- 
address, pendence : When we contemplate the rise, progress, 
1789 ' anc ^ termination, of the late war, which gave them a 
name among the nations of the earth ; we are, with 
you, unavoidably led to acknowledge and adore the 
Great Arbiter of the Universe by whom empires rise 
and fall. A review of the many signal instances of 
Divine interposition in favor of this country, claims 
our most pious gratitude : And permit us, sir, to ob- 
serve, that, among the great events which have led to 
the formation and establishment of a Federal Govern- 
ment, we esteem your acceptance of the office of Presi- 
dent as one of the most propitious and important. 

" In execution of the trust reposed in us, we shall 
endeavor to pursue that enlarged and liberal policy to 



THE UNITED STATES OP AMERICA. 997 

UNDER THE PRESENT CONSTITUTION. PART IV. 

which your speech so happily directs. We arc con- Organiza- 
scious that the prosperity of each state is inseparably l™^ e 
connected with the welfare of all, and that, in promot- meut 
ing the latter, we shall effectually advance the former, eonstitu- 
In full persuasion of this truth, it shall be our invari- y°°'_York 
able aim to divest ourselves of local prejudices and at- March 4th, 

1789 

tachments, and to view the great assemblage of com- 
munities and interests committed to our charge, with Answer of 
an equal eye. "We feel, sir, the force, and acknowledge *o e t ^ nate 
the justice of the observation, that the foundation of president's 
our national polity should be laid in private morality. Caress, 
If individuals be not influenced by moral principles, it Ma y 18th> 
is in vain to look for public virtue : It is, therefore, the 
duty of legislators to enforce, both, by precept and ex- 
ample, the utility as well as the necessity, of a strict 
adherence to the rules of distributive justice. We beg 
you to be assured that the Senate will, at all times, 
cheerfully co-operate in every measure which may 
strengthen the Union, conduce to the happiness, or 
secure and perpetuate the liberties, of this great Con- 
federated Republic. 

" We commend you, sir, to the protection of Almighty 
God ; earnestly beseeching him long to preserve a life 
so valuable and dear to the people of the United States ; 
and that your administration may be prosperous to the 
nation, and glorious to yourself. 

" By order of the Senate, 

John Adams, Vice-PresidentP 

To which the President replied, as follows : 

" Gentlemen : I thank you for your address, in which The presi- 
the most affectionate sentiments are expressed in the ^^ s Ma 
most obliging terms. The coincidence of circumstan-isth. 
ccs which led to this auspicious crisis, the confidence 
reposed in me by my fellow-citizens, and the assistance 
I may expect from councils which will be dictated by 
an enlarged and liberal policy, seem to presage a more 
prosperous issue to my administration than a diffidence 



998 



THE GOVERNMENTAL HISTORY OF 



Part IV. 



THE PERFECT AND PERPETUAL UNION 



Organiza- of my abilities had taught me to anticipate. I now feel 
govern- J myself inexpressibly happy, in a belief that Heaven, 
under the wmcn nas ^one s0 mucn for our infant nation, will not 
constHu- withdraw its Providential influence before our political 
New- York, felicity shall have been completed ; and in a conviction 
March 4th, that the senate will, at all times, co-operate in every 
measure which may tend to promote the welfare of this 
Confederated Republic. Thus supported by a firm trust 
in the Great Arbiter of the Universe ; aided by the col- 
lective wisdom of the Union, and imploring the Divine 
benediction on our joint exertions in the service of our 
country, I readily engage with you in the arduous but 
pleasing task of attempting to make a nation happy. 

G. Washington." 



The con- 
stitution. 



Ratifica- 
tion by 

North- 
Carolina. 



Although the Constitution under which the govern- 
ment now went into operation, received the sanction 
of, and was ratified by, the Conventions of the several 
states whose senators and representatives took their 
seats in Congress ; yet their ratification of it was made 
more from a spirit of conciliation and fraternity to- 
wards each other, coupled with a deep and solemn im- 
pression of the necessity of their union in a general 
government, than from any special persuasion of the 
propriety or aptness of all of its provisions. Many of 
the states even dreaded its operation under its original 
form, and accepted it only under the confiding expecta- 
tion that its imperfections would be speedily amended. 
Massachusetts, South-Carolina, New-Hampshire, Vir- 
ginia, and New-York ; although they did not make 
their ratification of it conditional upon them, yet ac- 
companied their assent to it with recommendations, or 
resolutions, suggesting certain amendments, the adop- 
tion of which they urged their senators and representa- 
tives to procure, under the fifth article of the Consti- 
tution. 

The legislature of North Carolina, as we have seen, 
put forth certain declarations and amendments as nee- 



THE UNITED STATES OP AMERICA. 999 

UNDER THE PRESENT CONSTITUTION. PART IV. 

essary previous to calling any Convention for the adop- Amend- 

tionof it, and did not formally ratify it until Novem- ™ e nt c s *? 

ber 21st, 1789. Rhode-Island delayed her ratification stitution, 

until May 29th, 1790. ifficom- 

"It is a wonder," said Roger Sherman, shortly after- meuded 
' ° ... by con- 

wards, " that there has been such unanimity in adopting gi-ess, Sept. 

it, considering the ordeal it had to undergo : And the 1 

unanimity which prevailed at its formation is equally 

astonishing : Amongst all the members from the twelve 

states, present at the- Federal Convention, there were 

only three who did not sign the instrument to attest 

their opinion of its goodness. . ' Of the eleven states 

which have received it, the majority have ratified it 

without proposing a single amendment." 

But yet Congress deemed it necessary, to quiet the 
apprehensions which prevailed in some of the states 
in order to establish fully the public confidence ; and 
to remove all hindrances to its general unanimous 
adoption, more successful operation, and permanent 
duration, the question of amending, was taken up as 
follows : 

" Congress of the United States : begun and held at 
the City of New- York, on Wednesday the fourth of 
March, 1789. The Conventions of a number of the Preamble ' 
states having, at the time of their adopting the Consti- 
tution, expressed a desire, in order to prevent miscon- 
struction or abuse of its powers, that further declara- 
tory and restrictive clauses should be added ; and as 
extending the ground of public confidence in the gov- 
ernment will best insure the beneficial ends of its in- 
stitution, 

Resolved, By the Senate and House of Representa- Resolu- 
tives of the United States of America in Congress as- tionsof 

— congress 

sembled, two-thirds of both houses concurring, that the upon, 
following articles be proposed to the legislatures of the 
several States, as amendments to the Constitution of 
the United States ; all or any of which articles, when 
ratified by three-fourths of the said legislatures, to be 



1000 THE GOVERNMENTAL HISTORY OF 

Part IV. the pkrfect and permanent union 

Amend- valid to all intents and purposes, as part of the said 
STS^ti- Constitution, namely: 

tution, Art. I. After the first enumeration required by the 

and recom- fi rs ^ article of the Constitution, there shall be one rep- 
mended resentative for every thirty thousand, until the number 

ny con- J J ' 

gress, Sept. shall amount to one hundred, after which the propor- 
tion shall be so regulated by Congress, that there shall 

R epre . be not less than one hundred representatives, nor less 

sentation. ^han one representative for every forty thousand per- 
sons, until the number of representatives shall amount 
to two hundred ; after which the proportion shall bo 
so regulated by Congress, that there shall not be less 
that two hundred representatives, nor more than one 
representative for every fifty thousand persons. 

Compensa- Art. II. No law varying the compensation for the 
services of the Senators and Representatives shall take 
effect, until an election of Representatives shall have 
intervened. 

Freedom Art. III. Congress shall make no law respecting an 

of religion, D id 

of speech, establishment of religion, or prohibiting the free exer- 
prcss 6 cise thereof ; or abridging the freedom of speech; or 
Right of of the press ; or the right of the people peaceably to 
petition, assemble, and to petition the government for a redress 

of grievances. 
Right to Art. IV. A well regulated militia being necessary to 
bear arms, the security of a free State, the right of the people to 

keep and bear arms shall not be infringed. 
Art. V. No soldier shall in time of p( 

tered in any house without the consent o 

nor in time of war, but in a manner prescribed by law. 

anTseiz- ^ RT ' ^ Tne ri S nt of tne people to be secure in their 
ures. person, houses, papers, and effects, against unreasona- 
ble searches and seizures, shall not be violated ; and no 
warrants shall issue, but upon probable cause, supported 
by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be 

Prosecu- se i ze d. 
tions, 

trials, &c. Art. VII. No person shall be held to answer for a 



Quarter Art. V. No soldier shall in time of peace be quar- 

ing sol- .. 

diers. tered in any house without the consent of the owner, 



THE UNITED STATES OF AMERICA. 1001 

UNDER THE PRESENT CONSTITUTION. PART IV. 

capital, or otherwise infamous crime, unless on a pre-Amend- 
sentment or indictment of a grand jury, except in cases J^ 11 *^ 
arising in the land or naval forces, or in the militia stitution, 
when in actual service, in time of war or public dan- andrec- 
ger ; nor shall be compelled in any criminal case to be omniended 
a witness against himself; nor be deprived of life, lib-gi-ess, New 
erty, or property, without due process of law; nor sc pt k i789 
shall private property be taken for public use without 
just compensation. 

Art. YIII. In all criminal prosecutions, the accused Rights of 
shall enjoy the right to a speedy and public trial, by perS o ns . 
an impartial jury of the state and district wherein the 
crime shall have been committed, which district shall 
have been previously ascertained by law ; and to be 
informed of the nature and cause of the accusation ; 
to be confronted with the witness against him ; to have 
compulsory process for obtaining witnesses in his favor ; 
and to have the assistance of counsel for his defence. 

Art. IX. In suits at common law, where the value Trial by 
in controversy shall exceed twenty dollars, the right of Jliry ' 
trial by jury shall be preserved ; and no fact, tried by a 
jury, shall be otherwise re-examined in any court of 
the United States, than according to the rules of the 
common law. 

Art. X. Excessive bail shall' not be required, nor Bail, &c. 
excessive fines imposed, nor cruel and unusual punish- 
ments inflicted. 

Art. XI. The enumeration in the Constitution of Constmc- 
certain rights, shall not be construed to deny or dispar- tl0n - 
age others retained by the people. 

Art. XII. The powers not delegated to the United Reserved 
States, by the Constitution, nor prohibited by it to thejj^ p s e ° p i e 
states, are reserved to the states respectively, or to the and state? - 
people. 

All of these articles, except the two first, received 
the sanction of the people of the requisite number of 
states, and became a part of the Constitution. The 



1002 THE GOVERNMENTAL HISTORY OF 

Part IV. the perfect and perpetual union 

Further following articles of amendment have been since 

S added: 

the Con- Art. XIII. The judicial powers of the United States 
shall not be construed to extend to any suit in law or 

Judicial equity, commenced or prosecuted against one of the 

powers. United States by citizens of another state, or by citi- 
zens or subjects of any foreign state. 

Art. XIV. 1. The electors shall meet in their re- 
spective states, and vote by ballot for President and 
Vice-President, one of whom, at least, shall not be an 
inhabitant of the same state with themselves ; they shall 
name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice- 
President ; and they shall make distinct lists of all per- 

President sons voted for as President, and of all persons voted 

and Vice- f or a s Vice-President, and of the number of votes for 

President. 

each, which list they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United 
States, directed to the president of the Senate ; the 
president of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the cer- 
tificates, and the votes shall then be counted ; the per- 
son having the greatest number of votes for President, 
shall be President, if such number be a majority of the 
whole number of electors appointed ; and if no person 
have such majority, then from the persons having the 
highest numbers, not exceeding three, on the list of 
those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. 
But in choosing the President, the votes shall be taken 
by states, the representation from each state having one 
vote ; a quorum for this purpose shall consist of a mem- 
ber or members from two-thirds of the states, and a 
majority of all the states shall be necessary to a choice. 
And if the House of Representatives shall not choose 
a President, whenever the right of choice shall devolve 
upon them, before the fourth day of March next fol- 
lowing, then the Vice-President shall act as President, 



THE UNITED STATES OP AMERICA. 1003 



UNDER THE PEESBNT CONSTITUTION. PART IV. 



as in the case of the death, or other constitutional ina- 
bility of the President. 

2. The person having the greatest number of votes same sub- 
as Vice-President shall be Vice-President, if such nuni- J ect - 
ber be a majority of the whole number of electors ap- 
pointed ; and if no person have a majority, then from 

the two highest numbers on the list, the Senate shall 
choose the Vice-President ; a quorum for the purpose 
shall consist of two-thirds of the whole number of sen- 
ators, and a majority of the whole number shall be 
necessary to a choice. 

3. But no person constitutionally ineligible to the Same sub- 
office of President, shall be eligible to that of Vice- ject ' 
President of the United States.* 

Before the first day of January, 1791, the Constitu- 
tion and Amendments were ratified in all of the states, 
by their respective legislatures and conventions, and it 
was universally received and recognized as the para- 
mount law of the land, by the people of the United States 
of America. 

But one more act seemed necessary to complete the The terri- 
system of national administration thus adopted, and torial C0 ' D - 

, x pact recog- 

that had reference to the Territorial domain at this time nized and 
belonging to the United States. There were certain jjjjjjtfje* 
provisions in the Ordinance of 1787, .which were to be to the Con- 
considered as articles of compact between the original ^ ugi 1739. 
states and the people and stales in the said territory, and 
forever remain unalterable, unless by common consent. 
It was important that the integrity of this compact 
should not be infringed under the new government, 
and that all question as to its constitutionality should 
be put at rest at the outset : Accordingly on the sev- 
enth day of August, 1789, Congress enacted as follows, 
viz.: 

* By commencing the enumeration at Article III., we have the amend- 
ments as adopted, and as they now stand in the Constitution. 



Preamble. 



1004 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Act in re- "An Act to provide for the government of the Territory 
the Ordi- northwest of the River Ohio. 

nance of 

1787. " Whereas, in order that the Ordinance of the United 

States in Congress assembled, for the government of 
the territory north-west of the river Ohio, may continue 
to have full effect, it is requisite that certain provisions 

page 927. should be made, so as to adapt the same to the present 
Constitution of the United States. 

"Section I. Be it enacted by the Senate and House 
of Representatives of the United States of America, in 
Congress assembled: That in all cases in which, by 
said Ordinance, any information is to be given, or com- 
munication made, by the governor of the said territory 
to the United States in Congress assembled, or to any 
of their officers, it shall be the duty of the said gov- 
ernor to give such information and to make such com- 
munication to the President of the United States ; and 
the President shall nominate, and by and with the ad- 
vice and consent of the Senate shall appoint, all officers 
which by the said ordinance were to have been ap- 
pointed by the United States in Congress assembled : 
And all officers so appointed shall be commissioned by 
him. And in all cases where the United States in Con- 
gress assembled might, by the said ordinance, revoke 
any commission, or remove from any office, the Presi- 
dent is hereby declared to have the same powers of 
revocation and removal. 

Death or "Section II. And be it further enacted: That in case 

removal . . 

of the ter- ol the death, removal, resignation, or necessary ab- 
^overnor sence > 0I> tne governor of the said territory, the secre- 
tary thereof shall be, and he is hereby authorized and 
required to execute all the powers, and perform all 
the duties, of the governor, during the vacancy occa- 
sioned by the removal, resignation, or necessary absence 
of the governor." 



Conclu- mi i 

Bion. 1 Iras have- 1 endeavored to trace the governmental 



THE UNITED STATES OP AMERICA. 1005 

UNDER THE PRESENT CONSTITUTION. PART. IV. 

history of this country, frqm the earliest settlement conciu- 
made upon its shores until the formation of a more sion- 
perfect national organization under the present consti- 
tution. Of that constitution I do not now propose to 
speak. It is before us. We see and feel the practical 
benefits of its benign operation. For nearly three The Con- • 
quarters of a century have these United States, and stltutlon ' 
this great people of America, been fostered under its 
provisions, while it has elevated them to the highest 
rank among the political powers of the earth, and 
gained for them and their institutions the respect and 
admiration of mankind. It has been proved fully ade- 
quate to all exigencies, whether of peace or of war. 
Under its happy auspices our domain has been extend- 
ed both by purchase and by conquest. The old and 
the new territories have been planted and reared into 
powerful political associations, which have taken their 
position of independence as states under the fostering 
care of the Confederated Republic ; strengthening the 
bonds of our national union, and adding to the lustre of 
our national glory. The prosperity, happiness, and tran- 
quillity, which now pervade every portion of our conti- 
nent, spreading from Canada on the North to Mexico 
on the South ; and from the Atlantic on the East to the 
Pacific on the West, with all its variety of climate, of 
production, of population, and of enterprise ; are the 
proudest and best comment on the adaptation of the 
present Constitution to the necessities and relations, 
whether foreign or domestic, of a magnificent and free 
Empire. Its peace-producing influences are radiating 
over the world, illustrating to anxious and admiring 
millions the happy tendencies of republican institutions 
to ameliorate the condition of the human race. Chris- 
tianity claims it as her own consecrated work. Liberty 
enshrines it in her temple as the most cherished memorial 
of her victories ; and pointing to the wide territory over 
which it extends its peaceful sway, she exultingly invites 
the oppressed and suffering children of men, of every 



[ 



1006 THE GOVERNMENTAL HISTORY OP 

Part IV. the perfect and perpetual union 

Conclu- kindred, and tongue, and people, and nation, under 
S10n ' the whole heavens, to come and rest under its protec- 
tion. 

May the same spirit of affection and fraternity, of 
patriotism and philanthropy, which prompted the peo- 
ple and states of America thus to pledge themselves to 
an irrevocable union, ever dwell with their descend- 
ants ; and may the existence of this Mighty Nation in 
one great and harmonious Confederacy, be perpetuated 
under this Constitution, as in the hopes of its framers, 
till the Almighty shall blot out all the Empires of the 
earth. 

the END. 



LIBRARY OF CONGRESS 









HHHc 



m 







iBf 



■Hi 



HUWfe, 



HP 



Pillil 






01 1 460 978 A 



ilii «n m 
.■■■.■..■::■'■■.• 



WBB 






nHI 



Til 



... ■■.'.■ ■!.'!.■:■■■■ "!'>"• '•;'•' - 



